News & Analysis as of

Federal Contractors Affirmative Action Students for Fair Admissions v Harvard College

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

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

The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more

Ballard Spahr LLP

New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance...

Ballard Spahr LLP on

On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and...more

CDF Labor Law LLP

New Executive Order Targets Federal DEI Practices

CDF Labor Law LLP on

On January 21, 2025, President Donald Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”). The Order states that over 60 years following the enactment...more

Davis Wright Tremaine LLP

New Administration Outlook: What Employers Need To Know About This Week's DEI Executive Orders

On January 20, the White House released an Executive Order Ending Radical And Wasteful Government DEI Programs And Preferencing. This order rescinded the Biden-era pro-DEI orders, including the mandate for federal agencies to...more

ArentFox Schiff

What Employers and Nonprofits Should Know About Trump’s Executive Order Banning Diversity Preferences

ArentFox Schiff on

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives....more

DCI Consulting

President Trump Revokes Executive Order 11246

DCI Consulting on

Last night, President Trump revoked Executive Order 11246 with a new Order titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This new Order effectively ends affirmative action in employment while...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

Cole Schotz

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

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

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Robinson+Cole Construction Law Zone

Federal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in...more

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

The Supreme Court’s Affirmative Action Ruling: 6 Takeaways for Government Contractors

How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with...more

Spilman Thomas & Battle, PLLC

Employer Considerations Following the Supreme Court’s Decision on Affirmative Action

Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

Morgan Lewis

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Holland & Hart LLP

DEI after SCOTUS University Admissions Decision

Holland & Hart LLP on

With the Supreme Court’s recent consolidated opinion on the affirmative action programs at Harvard and the University of North Carolina (UNC) in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Fisher Phillips

What Impact Will Supreme Court’s “Affirmative Action” Decision Have on Federal Contractor Employers? An 8-Step Plan

Fisher Phillips on

The Supreme Court recently cracked down on the use of “race-conscious” admissions for academic institutions, mostly blocking them from considering race as part of a holistic evaluation of prospective students. What does this...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Constangy, Brooks, Smith & Prophete, LLP

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

Littler

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

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