#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
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
In our previous Baker Donelson client alerts, we examined the emerging compliance and enforcement risks stemming from the January 21, 2025 Executive Order 14173 "Ending Illegal Discrimination and Restoring Merit-Based...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 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
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
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
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
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
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
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
On July 30, 2025, the U.S. Department of Justice issued a Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, warning that many programs and initiatives labeled as Diversity, Equity and Inclusion...more
The Office of the Attorney General in the US Department of Justice (DOJ) issued a Memorandum on July 29, 2025, titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Guidance). The Guidance...more
While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more
On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more
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
On July 29, 2025, the U.S. Department of Justice (DOJ) released new guidance to all federal agencies clarifying what types of diversity, equity, and inclusion (DEI) practices and policies would be considered illegal...more
- 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
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
The US Department of Justice released new guidance for recipients of federal funding on July 29, 2025 intended to “clarif[y] the application of federal antidiscrimination laws to programs or initiatives that may involve...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 January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...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
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
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