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Equal Protection › Anti-Discrimination Policies › Title VII

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Bracewell LLP

Diversity Programs Could Mean Defunding, New Attorney General Memorandum Warns

Bracewell LLP on

Federal law has long required recipients of federal funds to comply with anti-discrimination laws. Over the last decade, initiatives under the label Diversity, Equity and Inclusion (“DEI”) became a widespread vehicle for...more

McGuireWoods LLP

DOJ Issues Guidance to Recipients of Federal Funding for Compliance With Federal Antidiscrimination Laws

McGuireWoods LLP on

On July 30, 2025, the U.S. Department of Justice issued a Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, warning that many programs and initiatives labeled as Diversity, Equity and Inclusion...more

Pillsbury Winthrop Shaw Pittman LLP

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

Pillsbury Winthrop Shaw Pittman LLP on

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

Husch Blackwell LLP on

On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

Skadden, Arps, Slate, Meagher & Flom LLP on

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Latham & Watkins LLP

DOJ Issues Guidance on “Unlawful Discrimination”

Latham & Watkins LLP on

The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector....more

Whiteford

Employment Law Update: U.S. Supreme Court Ends Double Standard: All Employees Get Equal Protection in Title VII Discrimination...

Whiteford on

On June 5, 2025, in a unanimous and highly anticipated decision, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, No. 23-1039, clarified a critical point in employment law: all employees—regardless of...more

Lerch, Early & Brewer

Supreme Court Clarifies: Title VII Protects

Lerch, Early & Brewer on

Earlier this month, the United States Supreme Court confirmed that Title VII of the Civil Rights Act of 1964 guarantees equal protection to all employees, even if they belong to majority or minority groups....more

Akerman LLP - HR Defense

Supreme Court Eliminates “Background Circumstances” Test in Reverse Discrimination Cases: What Employers Need to Know

Akerman LLP - HR Defense on

In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In...more

Lathrop GPM

U.S. Supreme Court Says “Reverse Discrimination” Is Equally Unlawful - Clarifies Standard for Majority-Group Plaintiffs in Title...

Lathrop GPM on

The U.S. Supreme Court today swung wide open the door for all persons who experience employment discrimination based on their race, color, religion, sex or national origin to bring suit under Title VII of the 1964 Civil...more

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

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

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

On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more

Paul Hastings LLP

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

Paul Hastings LLP on

On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Kelley Drye & Warren LLP

The Trump Transformation – Major Shifts in EEOC and Employment Law

Kelley Drye & Warren LLP on

Less than 24 hours after assuming the presidency, Donald Trump announced significant changes in the leadership and focus of the Equal Employment Opportunity Commission (“EEOC”), as well as other policy changes which will...more

Holland & Knight LLP

Religious Institutions Update: July 2024

Holland & Knight LLP on

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Rumberger | Kirk

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

Rumberger | Kirk on

Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause...more

Jones Day

It's Time for a Fresh Look at DEI Metrics in Executive Compensation

Jones Day on

The Background: It is estimated that over 84 percent of companies in the S&P 1500 use some form of "social" metric when determining their executives' incentive compensation. Many of these social metrics set forth diversity,...more

Foley Hoag LLP

The Impact of the SFFA Decision: Lessons for Employers

Foley Hoag LLP on

On June 29, 2023, the Supreme Court issued its highly anticipated decision in SFFA v. Harvard College and SFFA v. University of North Carolina. While the Court’s ruling has fundamentally altered the landscape for higher...more

Baker Donelson

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

Baker Donelson on

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

Orrick - Employment Law and Litigation

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Orrick - Employment Law and Litigation on

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

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