News & Analysis as of August 3, 2025

Civil Rights Act

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Baker Donelson on 2/11/2025

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

What to Know About the War Being Waged Against DEI

Bradley Arant Boult Cummings LLP on 2/6/2025

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

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on 1/31/2025

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

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on 1/27/2025

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

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

Skadden, Arps, Slate, Meagher & Flom LLP on 1/20/2025

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

Democratic AGs Pen Letter Opposing Walmart’s Decision to End Diversity Initiatives

Cozen O'Connor on 1/17/2025

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

The man who said "no" to DEI training, and four lessons for employers

Constangy, Brooks, Smith & Prophete, LLP on 7/12/2024

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

The Future of DEI Shareholder Proposals

Fenwick & West LLP on 6/19/2024

Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Expecting the Unexpected

Mintz on 4/30/2024

April showered us with quite a few unexpected and impactful legal developments in the workplace. Two Federal agencies released proposed rules that potentially impact nearly every American workplace (new salary threshold...more

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

Husch Blackwell LLP on 4/16/2024

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

DEI Under Scrutiny, Part VII: Re-examining the Implementation of ‘Rooney Rule’ Diverse Slate Initiatives

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2024

The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more

Out With the Old Compliance Year … In With the New

Mitratech Holdings, Inc on 2/12/2024

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

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

Jenner & Block on 1/10/2024

From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on 12/28/2023

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on 12/13/2023

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

Husch Blackwell LLP on 11/3/2023

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

Recent Complaints Illustrate Reverse Discrimination Issues

Parker Poe Adams & Bernstein LLP on 10/23/2023

Following the Supreme Court’s recent affirmative action decision, legal press publications have reported about complaints and enforcement threats sent to law firms based on their diversity initiatives. In some cases, these...more

Workplace DEI Programs Still Legal Under Federal Law, Opines Colorado AG

Cozen O'Connor on 10/13/2023

Colorado AG Phil Weiser issued a formal legal opinion asserting that workplace diversity, equity, and inclusion programs are not unlawful following a recent Supreme Court decision in Students for Fair Admissions, Inc. v....more

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on 9/20/2023

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on 9/6/2023

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

Jackson Lewis P.C. on 8/31/2023

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications...more

#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This...

Epstein Becker & Green on 8/30/2023

This week, we’re focused on how the U.S. Supreme Court’s Students for Fair Admissions (SFFA) ruling could impact workplace diversity efforts: Diversity, equity, and inclusion (DEI) investment has been a strong strategy for...more

Impact of The U.S. Supreme Court’s Affirmative Action Decision on Employers

Stokes Wagner on 8/29/2023

On June 29, 2023, the United States Supreme Court overturned a decades-old precedent that held race-based affirmative action policies in higher education institutions were constitutional. However, in Students for Fair...more

Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs

Cozen O'Connor on 8/29/2023

Michael Schmidt is joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on...more

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on 8/25/2023

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

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