News & Analysis as of

Title VI Department of Justice (DOJ) Employment Discrimination

Foley & Lardner LLP

DOJ Issues Additional Guidance Concerning Unlawful Discrimination to Recipients of Federal Funding

Foley & Lardner LLP on

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

FordHarrison

Inclusion Without Violation: Navigating the Attorney General's New DEI Guidance

FordHarrison on

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued new guidance directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion...more

Epstein Becker & Green

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,...more

Goodwin

DOJ Releases Memo Regarding Unlawful Discrimination by Federal Funding Recipients

Goodwin on

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

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Paul Hastings LLP on

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

Venable LLP

New Trump Executive Order Dismantles Disparate Impact Liability

Venable LLP on

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

Vedder Price

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

Vedder Price on

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

Orrick, Herrington & Sutcliffe LLP

Executive order targets disparate-impact liability, promotes meritocracy

On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more

Jackson Lewis P.C.

Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

Jackson Lewis P.C. on

President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more

Stoel Rives - World of Employment

Executive Order Seeks to Repeal Disparate Impact Liability

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”, frames equal treatment under the law as...more

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