DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
Employment Law Now IV-82- A Roundtable on the Impact of a President Biden on Labor and Employment Law
As widely expected, the Supreme Court’s June 5, 2025 decision in Ames v. Ohio Department of Youth Services confirmed that a plaintiff alleging employment discrimination under Title VII cannot be held to a different,...more
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more
The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more
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
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more
On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering...more
In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more
On the heels of President Trumps Executive Orders signaling the administration’s intent to eliminate diversity, equity and inclusion (DEI) programs in the federal and private sector, the EEOC has issued two technical...more
On March 19, 2025, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two non-binding guidance documents on diversity, equity, and inclusion (DEI) practices in the workplace....more
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
Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more
Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more
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
Since re-taking the White House 11 days ago, President Donald J. Trump has taken dramatic steps to dismantle DEI (diversity, equity, and inclusion) programs in workplaces nationwide. President Trump’s executive orders...more
In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more
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
President Trump’s Jan. 21, 2025, executive order directs all executive departments and agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations,...more
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
Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more
Under the Biden administration, the U.S. Equal Employment Opportunity Commission (“EEOC”), the agency that administers and enforces federal workplace civil rights law, advanced numerous employee-friendly initiatives, with a...more
A group of 13 Democratic AGs wrote a letter to Walmart’s President and CEO expressing concern about Walmart’s announcement that it will end certain aspects of its diversity, equity, and inclusion (DEI) initiatives....more
Although the incoming Trump administration is beginning to take shape, there is still a lot of uncertainty around the specifics of the incoming administration’s priorities. However, during his campaign, President-elect Trump...more
Employers have seen a significant increase in reverse race and gender discrimination claims over the last four years. White and male employees are arguing that employer efforts to address historic race and gender inequities...more
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
Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more