News & Analysis as of

Hiring & Firing › Department of Justice (DOJ) › Civil Rights Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

Holland & Knight LLP on

The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

BakerHostetler on

In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Ballard Spahr LLP

New DOJ Memos Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi

Ballard Spahr LLP on

Pamela Bondi, the newly sworn in Attorney General at the Department of Justice (DOJ), issued a flurry of memos and directives in her first 24 hours on the job. Building on President Trump’s executive orders related to...more

Conn Maciel Carey LLP

The Trump Administration intends to take a hard look at private sector DEI policies, with investigations possible. Is your company...

Conn Maciel Carey LLP on

Shortly after aggressively terminating Diversity, Equity and Inclusion (“DEI”) policies that applied to the federal workforce, the Trump Administration turned its attention outward to the private sector. President Trump’s...more

Seyfarth Shaw LLP

Minor Missteps, Major Consequences: Avoiding Big Trouble from Seemingly Small I-9 Errors

Seyfarth Shaw LLP on

The recent settlement agreement between the Department of Justice and SP Plus Corporation, a Chicago based transportation and parking management company, serves as a critical reminder for employers of their responsibilities...more

Torres Trade Law, PLLC

Anti-Discrimination Concerns in Light of U.S. Export Control Compliance Requirements

Torres Trade Law, PLLC on

In the United States export control laws and regulations require companies to receive export licenses prior to releasing any controlled items or technologies to non-U.S. persons. The process of determining what is controlled...more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

Jackson Lewis P.C. on

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

Mintz - Employment Viewpoints

Second Circuit Becomes the Second to Prohibit Sexual Orientation Discrimination

Mintz - Employment Viewpoints on

On Monday February 26, 2018, for the second time in less than a year, a federal appeals court ruled that Title VII forbids sexual orientation discrimination because it is a form of sex discrimination. This time, in Zarda v....more

Akerman LLP - HR Defense

Another Circuit Says Title VII Prohibits Sexual Orientation Discrimination

Akerman LLP - HR Defense on

A second federal appellate court has ruled that Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on their sexual orientation. The ruling is in line with the EEOC’s...more

Franczek P.C.

Second Circuit Court Finds Sexual Orientation Protected Under Title VII

Franczek P.C. on

On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination...more

Hogan Lovells

Second Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination

Hogan Lovells on

On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

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 each month in 2017. October was no...more

Franczek P.C.

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

Franczek P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Seyfarth Shaw LLP

Ongoing Debate Over Scope Of Workplace Bias Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

Blank Rome LLP

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

Seyfarth Shaw LLP

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Akerman LLP - HR Defense

Gender Identity Discrimination – Prohibited or Not?

Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

Bowditch & Dewey

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

McNees Wallace & Nurick LLC

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

McNees Wallace & Nurick LLC on

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

FordHarrison

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

FordHarrison on

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Constangy, Brooks, Smith & Prophete, LLP

You Decide: Why The DOJ Says Title VII Does NOT Prohibit Sexual Orientation Bias

Constangy, Brooks, Smith & Prophete, LLP on

Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which...more

Littler

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

Littler on

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

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