News & Analysis as of

Enforcement Actions Employment Litigation Executive Orders

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

Jackson Lewis P.C. on

In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more

Berkshire

Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

Berkshire on

After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...more

Husch Blackwell LLP

Trump Administration Moves to End Disparate Impact Liability

Husch Blackwell LLP on

On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

Maynard Nexsen

The End of Disparate Impact Claims? Executive Order Calls Into Question Common Theory of Liability.

Maynard Nexsen on

Last week, President Donald Trump issued an executive order (“EO”) titled Restoring Equality of Opportunity and Meritocracy, which targets disparate impact as a theory of liability for discrimination cases....more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

McAfee & Taft on

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

Dinsmore & Shohl LLP on

On April 23, 2025, President Donald Trump signed an Executive Order titled Restoring Equality of Opportunity and Meritocracy (the Order). The Order calls for a government-wide rollback of disparate impact liability, a...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

McAfee & Taft on

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Mintz - Employment Viewpoints

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a...more

Saul Ewing LLP

New Executive Order Limits EEOC Enforcement

Saul Ewing LLP on

On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

Pierce Atwood LLP on

On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more

Parker Poe Adams & Bernstein LLP

President Trump Signs Order Ending Government Disparate Impact Investigations

On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's...more

Robinson+Cole Manufacturing Law Blog

EEOC Enforcement Activities Take Shape Under Second Trump Administration

The Equal Employment Opportunity Commission (EEOC) has been a regular topic of the flurry of executive orders issued by President Trump since his inauguration. Even before his return to the Oval Office, there was speculation...more

Keating Muething & Klekamp PLL

Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings

In his first fifty days in office, President Trump has taken numerous actions to consolidate the power of the Executive Branch. Shortly after taking office, he dismissed heads of multiple Executive Branch agencies and...more

Faegre Drinker Biddle & Reath LLP

Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board

Only a few weeks after President Donald Trump removed General Counsel Jennifer Abruzzo and Member Gwynne Wilcox, the new leadership of the National Labor Relations Board (the Board) has begun to make changes to Biden-era...more

Miller Nash LLP

Federal Judge Issues Temporary Nationwide Order Halting Parts of Trump Executive Orders Restricting DEI Programs

Miller Nash LLP on

A Maryland federal court judge issued a temporary injunction late Friday, February 21, 2025, curtailing President Trump’s executive orders aimed at diversity, equity, and inclusion (DEI) programs, including Executive Order...more

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

DLA Piper on

Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Kelley Drye & Warren LLP

What Can the EEOC Do Without a Quorum?

In the first week of the Trump administration, along with a flurry of executive orders, the President appointed Andrea Lucas as the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”). Within days, he...more

Epstein Becker & Green

Executive Order 14173: How Public Companies’ DEI Initiatives May Be Targeted and Key Actions to Take Now

Epstein Becker & Green on

On January 21, 2025, President Trump signed Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which, among other actions, directs all executive departments and...more

Jackson Lewis P.C.

Quorum-Less EEOC and New Acting Chair: What Are the Impacts for Employers?

Jackson Lewis P.C. on

The start of the second Trump Administration has brought significant changes to many areas of employment law, including to federal agencies, and the Equal Employment Opportunity Commission (EEOC) is no exception. Some moves...more

Bass, Berry & Sims PLC

President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC

Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in...more

Fox Rothschild LLP

Trump Transforms Equal Employment Opportunity Commission

Fox Rothschild LLP on

In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP is ordered to end all EO 11246 enforcement activity

DOL’s first step in the dismantling of EO 11246. As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more

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