News & Analysis as of

Race Discrimination Employment Discrimination

Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

BCLP

Neurodivergence, Discrimination Comparators, Privileged Documents in the Wrong Hands, and a News Round-up - UK HR Two Minute...

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Our employment law update for July covers cases about legal principles tribunals must consider when analysing the ‘substantial adverse impact’ in disability claims, the difficulties in selecting discrimination comparators,...more

Woods Rogers

Navigating the New Normal: Revisiting Your Workplace Dress Code

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The workplace landscape has shifted, and with it, employee attire. As employees return to the office, many opt for more casual wear, such as jeans and polo shirts, or even summer-appropriate clothing like tank tops and...more

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Jackson Lewis P.C.

Refresher on California’s CROWN Act

Jackson Lewis P.C. on

In 2019, California became the first state to pass the CROWN Act—short for Creating a Respectful and Open World for Natural Hair. This legislation prohibits discrimination based on natural hair textures and protective...more

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

DCI Consulting

[Webinar] Summer 2025 Update: Affirmative Action for Federal Contractors - July 23rd, 2:00 pm - 2:30 pm EDT

DCI Consulting on

The first half of 2025 brought unprecedented changes for federal contractors seeking to comply with federal affirmative action requirements. The rescission of Executive Order 11246 via Executive Order 14173 upended decades of...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Ice Miller

Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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A unanimous U.S. Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services on June 5, concluding that a plaintiff bringing a so-called reverse discrimination claim — where, for example, a majority group...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

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The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

Holland & Hart LLP

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

Holland & Hart LLP on

In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

Constangy, Brooks, Smith & Prophete, LLP

Company’s pay equity study is not privileged, court rules

A cautionary tale for employers. EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch. Many companies proactively analyze employee compensation to ensure that any disparities...more

Farella Braun + Martel LLP

Supreme Court Confirms That No Different Standard Applies to So-Called "Reverse Discrimination" Cases

It is now well-established that “majority groups” are protected from discrimination under Title VII and California's Fair Employment and Housing Act. These so-called “reverse discrimination” lawsuits are often brought by...more

Steptoe & Johnson PLLC

Google Pays $50 Million to Settle Class Action Allegations of 'Racially Biased Corporate Structure'

On September 11, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a report titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector From 2014-2022.” In the report, the EEOC...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Statute of Limitations for Section 1981 Discrimination Claims

On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more

Jackson Lewis P.C.

Department of Labor Proposed Budget Seeks To Completely Dismantle OFCCP

Jackson Lewis P.C. on

According to the U.S. Department of Labor’s (DOL) fiscal year 2026 proposed budget, the Department is set to fully eliminate the Office of Federal Contract Compliance Programs (OFCCP) next fiscal year, which begins October 1,...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

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On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

Stinson LLP

The 2024 EEO-1 Component 1 Data Collection: Purpose, Clarification, and Time to Report

Stinson LLP on

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2024 EEO-1 Component 1 data collection window is now open. The timeframe for covered employers to file the report is shorter than in...more

Morgan, Brown & Joy, LLP

EEO-1 Component 1 Online Data Collection System Is Opened, Accompanied by Message Regarding Agency Priorities

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the opening of its 2024 EEO-1 Component 1 Data Collection. EEO-1 Component 1 reports provide workforce demographic data, specifically the...more

Proskauer - Law and the Workplace

Minneapolis Expands Workplace Civil Rights Protections and Reasonable Accommodation Obligations

On May 1, 2025, Minneapolis, Minnesota’s city council passed several amendments to its civil rights ordinance (the “Ordinance”), which prohibits discriminatory practices in employment, among other areas. With regard to...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

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Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

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In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

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