News & Analysis as of

Title VII False Claims Act (FCA) Employment Discrimination

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

Epstein Becker & Green

New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®

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This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices. The new...more

K&L Gates LLP

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement

K&L Gates LLP on

Attorney General Pam Bondi issued a memorandum on 29 July 2025 titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (Memorandum) that provides new, detailed guidance on a key question that had...more

Cooley LLP

US DOJ Memo Clarifies DEI Compliance for Federal Funding Recipients

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On July 30, 2025, US Attorney General Pam Bondi released a memo to all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This document clarifies how federal...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

Vinson & Elkins LLP

DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

Vinson & Elkins LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil...more

Offit Kurman

Sustaining LGBTQ+ Inclusivity: Legal and Workplace Strategies After Pride Month 2025

Offit Kurman on

Pride Month 2025, commemorating the 1969 Stonewall Riots, celebrates the LGBTQ+ community’s contributions, but inclusivity must extend beyond June to foster workplaces where everyone feels valued. Navigating the complex legal...more

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

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There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

Paul Hastings LLP

Illinois District Court Blocks Portions of Anti-DEI Executive Order

Paul Hastings LLP on

There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...more

Blank Rome LLP

False Claims Act Liability Based on a DEI Program? Let’s Think It Through

Blank Rome LLP on

One of the more attention-grabbing aspects of Executive Order (“EO”) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is the specter of False Claims Act (“FCA”) liability for federal contractors...more

Paul Hastings LLP

Fourth Circuit Court of Appeals Stays Preliminary Injunction of Anti-DEI Executive Order

Paul Hastings LLP on

On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more

Amundsen Davis LLC

“Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

Amundsen Davis LLC on

The past few weeks have seen a series of judicial ”Red Light, Green Light” games. On February 21, 2025, a U.S. District Court judge in National Association of Diversity Officers in Higher Education, et al. v. Donald J....more

Jackson Lewis P.C.

Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

Jackson Lewis P.C. on

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more

Seyfarth Shaw LLP

Federal Court Issues Nationwide Preliminary Injunction Blocking Enforcement of Key Provisions of DEI Executive Orders

Seyfarth Shaw LLP on

On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more

Alston & Bird

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Alston & Bird on

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive...more

Littler

GSA Announces FAR Deviations Consistent with the Revocation of Executive Order 11246

Littler on

On February 15, 2025, the director of the U.S. General Services Administration (GSA), in his capacity as chair of the Civilian Agency Acquisition Council (CAAC), issued a CAAC Letter authorizing executive agencies to deviate...more

Fox Rothschild LLP

DOJ Targets Private-Sector DEI Programs: What Employers Need to Know

Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) has set its sights on diversity, equity, and inclusion (DEI) programs, signaling heightened enforcement risks for employers. In a memorandum, Attorney General Pam Bondi directed the DOJ to...more

Husch Blackwell LLP

White House Revokes E.O. 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws

Husch Blackwell LLP on

Executive Order (E.O.) 11246 was issued by President Lyndon Johnson in 1965 to combat discrimination in employment (following the then-recent passage of the Civil Rights Act of 1964) by requiring federal contractors and...more

Holland & Knight LLP

Religious Institutions: June 2015

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Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

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