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Race Discrimination Diversity Affirmative Action

Allen Matkins

Intentionally Discriminatory Public Offering Stalled At The SEC

Allen Matkins on

In this February post, I pondered the question of whether an issuer could allocate shares on the basis of race, gender or ethnicity.  That post was inspired by the case of  Glennon v. Johnson, U.S. Dist. Ct. Case No....more

Seyfarth Shaw LLP

EEOC Issues New Technical Assistance on “DEI-Related Discrimination”

Seyfarth Shaw LLP on

On March 19, 2025, the EEOC issued two technical assistance documents addressing “DEI-related discrimination” in the workplace. The first document, issued jointly with the Department of Justice, is a one-pager titled “What To...more

Keating Muething & Klekamp PLL

EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices

On March 17, 2025, Equal Employment Opportunity Commission (“EEOC”) Acting Chair, Andrea Lucas, sent letters to 20 large law firms requesting information concerning each firm’s diversity, equity, and inclusion (“DEI”) related...more

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

DOJ Moves to Challenge Illinois Nonprofit Board Disclosure Law

The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more

Allen Matkins

Does Chicago's Municipal Code Make Everyone A Minority?

Allen Matkins on

Recent posts have discussed a registration statement filed Bally's Chicago, Inc. for an offering that would impose a stockholder qualification based on race, gender and ethnic status.  This qualification requirement is...more

Baker Donelson

Unpacking the U.S. Attorney General's "Ending Illegal DEI and DEIA Discrimination Preferences" Memo

Baker Donelson on

The U.S. Attorney General's Office issued a Memorandum, on February 5, 2025, to the employees of the U.S. Department of Justice (DOJ) directing the DOJ Civil Rights Division to "investigate, eliminate, and penalize illegal...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Genova Burns LLC

Banks Targeted by Attorney Generals

Genova Burns LLC on

On January 21, 2025, President Donald Trump, through Executive Order, declared affirmative action and Diversity, Equity, and Inclusion programs unlawful in the federal government and also for those employers who enter into...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Partridge Snow & Hahn LLP

Another Attack on Diversity and Inclusivity Efforts Post Students for Fair Admissions (SFFA) Supreme Court Decision

The American Alliance for Equal Rights (AAER) filed suit against McDonald’s in federal court over the corporation’s scholarship program for high school students of Hispanic and Latino descent, the Hispanic American Commitment...more

Akin Gump Strauss Hauer & Feld LLP

Restoring America's Fighting Force (Trump EO Tracker)

Summary - This order abolishes every Diversity, Equity and Inclusion (DEI) office within the Department of Defense and the Department of Homeland Security with regard to the U.S. Coast Guard,  respectively, including any...more

Warner Norcross + Judd

What the Newly Issued Executive Order Prohibiting Illegal DEI Discrimination Means for U.S. Businesses

Warner Norcross + Judd on

On his second day in office, President Donald Trump issued Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity aimed at dismantling diversity, equity, inclusion and/or accessibility (DEI or...more

UB Greensfelder LLP

What the New “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Trump Executive Order Means for Employers

UB Greensfelder LLP on

Following his inauguration on January 20, 2025, President Donald Trump has issued numerous executive orders, which may have an impact on employers. In his first full day in office, President Trump issued an executive...more

Foley Hoag LLP

SFFA In The Courts: Where We Are Before the Administration Change

Foley Hoag LLP on

It has been over a year since the Supreme Court issued its decision striking down Harvard’s and the University of North Carolina’s admissions policies in Students for Fair Admissions (“SFFA”) v. Harvard College and SFFA v....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more

Fisher Phillips

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

Fisher Phillips on

Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,...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

Fisher Phillips

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

Fisher Phillips on

We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example,...more

Cozen O'Connor

Missouri AG Alleges IBM Used Unlawful Quotas in Employment Practices

Cozen O'Connor on

Missouri AG Andrew Bailey has sued International Business Machines Corporation (“IBM”), alleging that the company’s use of racial quotas in hiring and other employment actions violates the Missouri Human Rights Act’s...more

Husch Blackwell LLP

10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

Husch Blackwell LLP on

Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more

Constangy, Brooks, Smith & Prophete, LLP

Law student sues Chicago Bears over “Legal Diversity Fellow” role

There’s a flag on the play. Professional sports is merit-based. Their highly competitive nature requires teams to retain only the most highly skilled players. Failure to do so will be apparent in the team’s win-loss record. ...more

Constangy, Brooks, Smith & Prophete, LLP

DEI Quiz!

What's legal, and what's not? Diversity, equity, and inclusion programs in employment are increasingly being challenged in the courts. How much do you know about the legalities? Take our quiz and find out! This is a hard...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

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