News & Analysis as of

Race Discrimination Executive Orders

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

Williams Mullen on

Although Executive Order 11246, which mandated race and gender affirmative action programs for federal contractors and subcontractors, was revoked by President Trump in January 2025, the EEOC’s newly updated EEO-1 Data...more

Bricker Graydon LLP

It’s Time to Submit Your EEO-1 Data

Bricker Graydon LLP on

The 2024 EEO-1 Component Data Collection opened on Tuesday, May 20, 2025. The deadline to file the 2024 EEO-1 Component 1 report is Tuesday, June 24, 2025. ...more

Fox Rothschild LLP

DOJ Announces New Civil Rights Fraud Initiative Targeting DEI

Fox Rothschild LLP on

Deputy Attorney General Todd Blanche issued a memo on May 19, 2025, announcing the DOJ’s establishment of the Civil Rights Fraud Initiative. The initiative will “utilize the False Claims Act to investigate and, as...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

Akin Gump Strauss Hauer & Feld LLP

Reinstating Common Sense School Discipline Policies (Trump EO Tracker)

The Order states that the Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful...more

Hahn Loeser & Parks LLP

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Ballard Spahr LLP

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on...

Ballard Spahr LLP on

On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more

Vinson & Elkins LLP

New Federal Guidance Addresses Workplace Discrimination Questions

Vinson & Elkins LLP on

On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued two technical assistance documents (the “DEI Guidance”) addressing the application of Title VII of the Civil Rights Act of 1964 (“Title VII”) to...more

McDermott Will & Emery

California AB 2319 Expands Implicit Bias Training for Perinatal Care Providers

McDermott Will & Emery on

California legislators enacted Assembly Bill (AB) 2319 last fall in a landmark attempt to reduce racial and ethnic disparities in maternal and infant healthcare by addressing implicit bias in pregnancy, childbirth, and...more

Brooks Pierce

DOJ and EEOC Issue Statements on Administration’s Interpretation of "Illegal DEI"

Brooks Pierce on

On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more

Akin Gump Strauss Hauer & Feld LLP

Removing Discrimination and Discriminatory Equity Ideology from the Foreign Service (Trump EO Tracker)

Directs the Secretary of State to remove the “Diversity, Equity, Inclusion, and Accessibility” Core Precept from Foreign Service tenure and promotion criteria. It further directs that the U.S. government will not base Foreign...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

Mintz - Employment Viewpoints

EEOC & DOJ Release Guidelines on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released joint “technical assistance documents” (i.e., non-binding interpretive guidelines for...more

Holland & Knight LLP

DEI in Flux: Fourth Circuit's Decision Resuscitates DEI Executive Orders

Holland & Knight LLP on

The U.S. Court of Appeals for the Fourth Circuit issued an order on March 14, 2025, lifting the nationwide injunction on President Donald Trump's executive orders (EOs) targeting diversity, equity and inclusion (DEI)...more

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

BakerHostetler

Steps Employers Should Be Taking Amid Trump DEI Executive Orders and Ensuing Legal Challenges

BakerHostetler on

Hours after taking office, Trump signed a stack of executive orders to implement his agenda, including several that take aim at DEI programs. The executive orders claim that DEI policies and programs violate federal civil...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

Ballard Spahr LLP on

Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Nilan Johnson Lewis PA

Trump Administration Attacks Pay Equity Practices

Nilan Johnson Lewis PA on

Employers have seen a whirlwind of activity from the Trump administration during its first month in office. The Administration has issued Executive Orders and other guidance impacting a myriad of employment issues. Employers...more

CDF Labor Law LLP

Enforcement Strategy Against DEI In Education and Private Sector Outlined in New Executive Order and U.S. Department of Education...

CDF Labor Law LLP on

Despite the issuance of a sweeping national federal court injunction against President Donald Trump’s January 20, 2025 and January 21, 2025 Executive Orders that seek to eliminate diversity, equity and inclusion (“DEI”)...more

McDermott Will & Emery

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

McDermott Will & Emery on

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

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