Work This Way: A Labor & Employment Law Podcast - Episode 19: Diversity, Equity, & Inclusion in the Workplace with Stephanie Mays, Maynard Nexsen Chief Talent Officer
DE Under 3: How to Lawfully Engage in Race-Based Employment Decisions
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
DE Under 3: 4 Implications Impacting Federal Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases
DE Under 3: SCOTUS Finds “Race-Based” Admissions Practices At Harvard and UNC Unlawful
DE Under 3: The Harvard and UNC Case Decisions Are Coming
DE Under 3: The Coming Harvard & UNC Case Decisions and NLRB’s Memo on Electronic Surveillance and Organizing
On May 19, the Department of Justice (DOJ) announced via a memo titled “Civil Rights Fraud Initiative” (the Memo) an initiative to use the False Claims Act (FCA) against federal contractors and recipients of federal funds...more
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
On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more
On February 14, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”) issued a “Dear Colleague Letter” to “clarify and reaffirm” that schools, colleges and universities receiving “federal financial...more
In the year since the Supreme Court’s highly anticipated decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), effectively eliminating race-conscious...more
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
Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,...more
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
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
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
This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more
Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more
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
From campus to corporate - Highlights: The Supreme Court’s affirmative action ruling may influence workplace diversity efforts significantly. Title VII implications from the Equal Protection Clause interpretation...more
The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more
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
On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more
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
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
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
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
Following the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College regarding the consideration of race in undergraduate admissions, a new lawsuit has been filed...more
On August 14, 2023, the Biden Administration's Civil Rights Division of the U.S. Department of Justice ("DOJ") and the Office for Civil Rights of the U.S. Department of Education ("DOE") jointly issued two pieces of guidance...more
Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more
A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more