News & Analysis as of

Office of Federal Contract Compliance Programs Students for Fair Admissions v Harvard College

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...

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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

Benesch

Trump’s Anti-DEI Agenda Remains at Center Stage

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Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more

CDF Labor Law LLP

New Executive Order Targets Federal DEI Practices

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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

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

ArentFox Schiff

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

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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

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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

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

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

White House Publishes Revisions to Federal Agency Race and Ethnicity Reporting Categories

On March 28, 2024, the White House unveiled revisions to the federal statistical standards for race and ethnicity data collection for federal agencies, adding a new category and requiring a combined race and ethnicity...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

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

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

Mitratech Holdings, Inc

[Webinar] Update on Contemporary OFCCP Enforcement - November 2nd, 11:00 am CT

In a typical year, the Office of Federal Contract Compliance Programs (OFCCP) conducts around 4,000 compliance evaluations of federal contractor establishments that result in tens of millions of dollars in back pay and...more

Mitratech Holdings, Inc

NILG’s 2023 Phoenix Conference: Hot Topics from a Hot Place

The NILG Annual Conference is an excellent barometer for what is happening in equal opportunity, affirmative action and Diversity Equity and Inclusion (DEI). At this year’s Conference, held in Phoenix, the hot (pun intended,...more

Butler Snow LLP

Reviewing Workplace DEI Practices in Light of Students for Fair Admissions Ruling

Butler Snow LLP on

On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...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

Holland & Hart LLP

DEI after SCOTUS University Admissions Decision

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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

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

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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

Seyfarth Shaw LLP

Rulings Expected Soon on Supreme Court Harvard and UNC Cases That Address Race-Conscious Policies in College Admissions

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Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education. Both cases were argued before the Supreme Court on October 31, 2022...more

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