News & Analysis as of

Private Sector Civil Rights Act

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

Federal Court Preliminarily Blocks Key Parts of President Trump’s Orders Restricting DEI at Private Employers

A federal judge in Maryland has preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EO) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and...more

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

State Attorneys General Point to Ways DEI Programs Can Stay Within Legal Boundaries

The attorneys general of sixteen states recently released guidance explaining how diversity, equity, and inclusion (DEI) programs in the private sector can remain viable and legal. ...more

Fox Rothschild LLP

DOJ Targets Private-Sector DEI Programs: What Employers Need to Know

Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) has set its sights on diversity, equity, and inclusion (DEI) programs, signaling heightened enforcement risks for employers. In a memorandum, Attorney General Pam Bondi directed the DOJ to...more

Latham & Watkins LLP

US Attorney General Opens Door to Criminal Prosecution of Private-Sector DEI Efforts

Latham & Watkins LLP on

Corporations, associations, foundations, and institutions of higher education should be prepared for criminal, civil, and congressional inquiries. On February 5, 2025, newly confirmed US Attorney General Pam Bondi issued...more

Goodwin

DOJ Takes Aim at Private Sector DEI and DEIA Policies

Goodwin on

The Department of Justice (“DOJ”) has sent a strong message to corporate America by signaling that it intends to use the force of criminal investigations to eliminate certain practices in the private sector. ...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

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

BakerHostetler

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

BakerHostetler on

In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

Smith Anderson

The Biden Administration Puts the Burden on Employers

Smith Anderson on

On September 9, 2021, President Biden announced several updates to his plan for combatting the COVID-19 pandemic. Although media reports have led some to believe that President Biden’s actions have imposed an immediately...more

Dorsey & Whitney LLP

Biden Administration Announces Broad Employer-Based Vaccination Requirements

Dorsey & Whitney LLP on

On September 9, 2021, the Biden Administration announced its new COVID-19 Action Plan (the “Action Plan”), which outlines a six-pronged approach to combat the pandemic. The wide-ranging Action Plan lays out plans to vaccinate...more

Hinshaw & Culbertson - Employment Law...

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

FordHarrison on

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

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