News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Title VII Executive Orders

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

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

DCI Consulting

Is EEO Cool Again? Part II: Decoupling EEO from DEI

DCI Consulting on

This is Part 2 of the “Is EEO Cool Again?” blog series. Catch up by reading Part I: EEO Compliance Isn't DEI. Over the past decade, many experts have emphasized the importance of breaking down silos between equal...more

Vinson & Elkins LLP

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of...

Vinson & Elkins LLP on

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more

Littler

Senate Committee Questions DOL, EEOC Nominees

Littler on

On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity...more

DCI Consulting

Is EEO Cool Again? Part I: EEO Compliance Isn’t DEI

DCI Consulting on

Over several decades, DCI has dedicated substantial efforts to evaluating equal employment opportunity (EEO) compliance programs and anti-discrimination initiatives. Typically managed within an organization's Human Resources...more

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Morgan, Brown & Joy, LLP

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio...more

Steptoe & Johnson PLLC

Trump Executive Order Takes Aim at Disparate-Impact Liability

Steptoe & Johnson PLLC on

On April 23, President Donald Trump issued Executive Order 14281 (EO), “Restoring Equality of Opportunity and Meritocracy,” 90 FR 17537, 2025 WL 1207532. The EO takes aim at disparate-impact liability, which the EO says...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...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

FordHarrison

Texas Federal Court Vacates Portions of EEOC's 2024 Title VII Guidance on Gender Identity

FordHarrison on

The U.S. District Court for the Northern District of Texas recently issued a ruling vacating the “gender-identity related portions” of the Equal Employment Opportunity Commission’s (EEOC’s) 2024 Guidance interpreting Title...more

Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

Paul Hastings LLP on

On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

Maynard Nexsen

Title VII: What Constitutes Discrimination on the Basis of Sex?

Maynard Nexsen on

On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Parker Poe Adams & Bernstein LLP

EEOC Ends Payments to State Agencies to Investigate Gender Identity and Disparate Impact Claims

On May 20, the Equal Employment Opportunity Commission announced that it will no longer provide funding to state and local EEO agencies for purposes of investigating or prosecuting discrimination charges based on allegations...more

Ballard Spahr LLP

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data

Ballard Spahr LLP on

The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

Jackson Lewis P.C. on

A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Saul Ewing LLP

EEO-1 Data Collection Back and Due June 24, 2025

Saul Ewing LLP on

What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal...more

Cooley LLP

EEOC Opens 2024 EEO-1 Data Collection – With a Title VII Compliance Reminder

Cooley LLP on

The Equal Employment Opportunity Commission (EEOC) recently opened its 2024 EEO-1 Component 1 data collection portal and announced that covered employers have until June 24, 2025, to submit and certify their EEO-1 reports....more

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

Williams Mullen on

Although Executive Order 11246, which mandated race and gender affirmative action programs for federal contractors and subcontractors, was revoked by President Trump in January 2025, the EEOC’s newly updated EEO-1 Data...more

Kelley Drye & Warren LLP

EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24, 2025,...more

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

EEOC Acting Director Warns No ‘Diversity Exception’ to Title VII in Announcing EEO-1 Reporting Period Opening

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the platform for employers to submit EEO-1 reports. In doing so, EEOC Acting Director Andrea Lucas warned employers not to use the data to take...more

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more

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