#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more
On August 14, 2025, the U.S. District Court for the District of Maryland issued a significant decision in American Federation of Teachers v. U.S. Department of Education, holding that the Department’s demand that states and...more
Even when well-intentioned, DEI programs are not exempt from federal civil rights laws. That is the core message of Attorney General Pam Bondi’s memo clarifying the Department of Justice’s interpretation of federal...more
On July 29, 2025, the Department of Justice (“DOJ”) issued guidance outlining what it considers “unlawful discrimination” by recipients of federal funds. In the guidance, Attorney General Bondi clarifies the application of...more
Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the...more
On July 29, 2025, the Department of Justice (DOJ) issued updated guidance setting forth the administration’s position on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and...more
By Elizabeth Manchester and Kelley O’Donnell On July 29, 2025, U.S. Attorney General Pam Bondi issued a sweeping memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which...more
On July 29, 2025, the U.S. Department of Justice issued its most sweeping guidance yet on what it considers unlawful discrimination in federally funded programs. The memorandum, signed by Attorney General Pam Bondi, clarifies...more
On July 29, 2025, the Department of Justice (“DOJ”) issued further guidance regarding the application of federal antidiscrimination laws to programs and initiatives undertaken by recipients of federal funding, in the form of...more
Federal law has long required recipients of federal funds to comply with anti-discrimination laws. Over the last decade, initiatives under the label Diversity, Equity and Inclusion (“DEI”) became a widespread vehicle for...more
The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector....more
Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more
Since President Trump's return to office in January, his administration has intensified efforts to combat antisemitism on college campuses, positioning the issue as a central pillar of its civil rights agenda....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 May 19, 2025, the Department of Justice announced the establishment of a Civil Rights Fraud Initiative, created to enforce the False Claims Act (FCA) “against those who defraud the United States by taking its money while...more
As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more
On May 19, 2025, the U.S. Department of Justice (DOJ) unveiled the Civil Rights Fraud Initiative, a new enforcement strategy aimed at leveraging the False Claims Act to hold colleges, universities, government contractors, and...more
On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more
According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more
The United States Department of Justice recently announced that it would begin “vigorous enforcement” of the False Claims Act against recipients of federal funds for their use of diversity, equity and inclusion programs. The...more
Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False...more
On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more
On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (order). The order declares disparate impact theory to be “wholly inconsistent with the...more
On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more