#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
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 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
Your college has a strong commitment to DEI work, but you’re concerned about the Trump Administration’s Executive Order banning DEI. You’re not sure how seriously to take it, or what the early court rulings against the order...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
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
Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more
In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their...more
We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more
Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more
We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more
On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more
During the first days of President Trump's second term of office, he issued executive orders rescinding many Biden-era executive orders and addressing a wide range of initiatives and issues that were a focus of his election...more