News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Executive Orders

Nilan Johnson Lewis PA

EEOC Abandons Disparate Impact Claims

Employers facing potential pay discrimination claims have historically faced two basic types of claims: disparate treatment claims and disparate impact claims. Because disparate impact claims are easier to raise on a class...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

Husch Blackwell LLP on

The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more

Epstein Becker & Green

NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule -...

Epstein Becker & Green on

This week, we’re covering four key employer-focused developments: • a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board’s (NLRB’s) authority, • another Fifth...more

Littler

A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?

Littler on

Introduction - On March 4, 2025, standing before the U.S. Congress, President Trump proclaimed that his administration had “ended the tyranny of so-called diversity, equity and inclusion policies all across the entire...more

Harris Beach Murtha PLLC

DOJ Clarifies “Unlawful” DEI in a New Guidance Memo

In a Guidance Memo recently issued to all federal agencies, Attorney General Pamela Bondi clarified what the U.S. Department of Justice (“DOJ”) considers “unlawful” DEI, as referenced in the Joint Guidance the DOJ and Equal...more

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

Herbert Smith Freehills Kramer

DOJ Issues Guidance on ‘Unlawful’ Employer DEI Policies, Programs and Practices

As discussed in our prior alert and seen in numerous actions undertaken since the Trump administration took office, employers should expect significant changes to the federal government’s antidiscrimination enforcement...more

Bradley Arant Boult Cummings LLP

The Future of DEI Programs for Private Employers: DEI-D in the Water?

Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29,...more

Axinn, Veltrop & Harkrider LLP

Reflections on the 12th Annual Summit for Women Leaders in Life Sciences Law

We closed out July 2025 in Boston alongside several of our Axinn colleagues attending the American Conference Institute’s 12th Annual Summit for Women Leaders in Life Sciences Law. This conference is a highlight for us every...more

Venable LLP

DOJ Issues Expanded Guidance on DEI-Related Practices

Venable LLP on

On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...more

McAfee & Taft

Will expanded freedom of religious expression lead to increased tension in the workplace?

McAfee & Taft on

On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protection Religious Expression in the Federal Workplace.” The memo...more

Vinson & Elkins LLP

DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

Vinson & Elkins LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil...more

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces. ...more

Mintz - Employment Viewpoints

The DOJ Issues Its Interpretation of “Illegal DEI”

The U.S. Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance. The...more

Littler

Policy Week in Review – August 2025

Littler on

The Littler WPI Policy Week in Review will pause for the August congressional recess and will return after Labor Day. Hiring Slowed to 73,000 Jobs in July - Employment increased by 73,000 jobs in July according to the...more

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Paul Hastings LLP on

Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more

Jackson Lewis P.C.

Mid-Year 2025

Jackson Lewis P.C. on

The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

DLA Piper

Trending in Transactions - Q2 2025

DLA Piper on

President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

Fox Rothschild LLP on

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Ice Miller

Practical Impact of the U.S. Supreme Court’s Injunction Ruling on Employers

Ice Miller on

On June 27, 2025, the United States Supreme Court issued a ruling in the case of Trump v. CASA, Inc. that limited the power of federal district courts to issue universal injunctions....more

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

Blank Rome LLP on

Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP proposes regulatory changes to reflect Administration’s policies

Spoiler: Section 503 takes center stage. The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights: • Executive Order...more

Fisher Phillips

In the Crosshairs: Untangling the Legal Landscape on LGBTQ+ Workplace Rights Under Title VII

Fisher Phillips on

The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more

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