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
Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not...more
The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more
The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more
Spoiler: Section 503 takes center stage. The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights: • Executive Order...more
File under “thanks, but no thanks.” In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound...more
On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how employment discrimination claims brought by members of a majority group—such as...more
On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse...more
The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more
Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove...more
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more
On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more
The United States Supreme Court has held that the evidentiary standards for “reverse discrimination” claims under federal employment law must be the same as those set for claims brought by members of minority groups....more
On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more
U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...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
In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...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, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more
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
Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”), together with the U.S. Department of Justice (“DOJ”), issued a press release cautioning employers against discrimination arising from diversity,...more
There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...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