News & Analysis as of

Trump Administration Compliance Anti-Discrimination Policies

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

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Foley & Lardner LLP

EEO-1 Reporting (Maybe) — Get Ready Nonetheless!!

Foley & Lardner LLP on

On April 15, 2025, the Equal Employment Opportunity Commission (EEOC) sought approval of its 2024 EEO-1 Component 1 data collection. The EEOC’s new proposed 2024 EEO Component 1 Instruction Booklet (the “Booklet”) changes...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

Balch & Bingham LLP on

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Jackson Lewis P.C.

‘Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers

Jackson Lewis P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more

Paul Hastings LLP

EEOC and DOJ Issue Guidance on 'DEI-Related Discrimination'

Paul Hastings LLP on

Following President Donald Trump’s issuance of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI) initiatives,...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Nossaman LLP

UPDATED: New Transportation Secretary Gets to Work with New Directives

Nossaman LLP on

February 24, 2025 Update (Diversity, Equity, and Inclusion) - The evening of February 21, 2025, Judge Adam B. Adelson, United States District Judge for the District of Maryland, issued a preliminary injunction enjoining...more

Husch Blackwell LLP

Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders

Husch Blackwell LLP on

Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21,...more

Paul Hastings LLP

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

Paul Hastings LLP on

President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

Fox Rothschild LLP

16 State Attorneys General Offer Guidance on DEI Policies Amid Federal Scrutiny

Fox Rothschild LLP on

The attorneys general from 16 states have issued a joint guidance letter in response to orders and statements from the Trump administration, including a memorandum from the U.S. Department of Justice (DOJ) titled “Ending...more

Schwabe, Williamson & Wyatt PC

Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

Cozen O'Connor on

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Davis Wright Tremaine LLP

New Administration Outlook: What Should Federal Contractors Do With Their DEI Programs?

Recipients of federal funding now have broad mandates but little guidance from the Trump Administration about employer DEI programs. Trump's new Executive Order "Ending Illegal Discrimination and Restoring Merit-Based...more

Foley Hoag LLP

Understanding the False Claims Act Implications of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

Foley Hoag LLP on

I. Scope of Executive Order 14173 - Executive Order 14173, issued on January 21, 2025, aims to end illegal discrimination and restore merit-based opportunities by ceasing diversity, equity, and inclusion (DEI) policies,...more

Fox Rothschild LLP

Trump Transforms Equal Employment Opportunity Commission

Fox Rothschild LLP on

In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

Foley & Lardner LLP

How Risky Are DEI Programs Under Trump 2.0?

Foley & Lardner LLP on

President Trump’s January 21, 2025, executive order titled “Ending Discrimination and Restoring Merit-Based Opportunity” (“Executive Order”) directs the termination of federal government practices and policies that protect...more

Whiteford

Client Alert: New Executive Orders on DEI

Whiteford on

On January 20 and 21, 2025, President Trump issued several executive orders (“EOs”)[1] that significantly impact diversity, equity, inclusion, and accessibility (“DEI” and “DEIA”) programs and initiatives. These executive...more

Wiley Rein LLP

New Executive Order Rescinds EO 11246; Directs Changes to Nondiscrimination Landscape for Federal Contractors and Grantees

Wiley Rein LLP on

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Consistent with the EO titled “Ending Radical and Wasteful Government DEI...more

Warner Norcross + Judd

What the Newly Issued Executive Order Prohibiting Illegal DEI Discrimination Means for U.S. Businesses

Warner Norcross + Judd on

On his second day in office, President Donald Trump issued Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity aimed at dismantling diversity, equity, inclusion and/or accessibility (DEI or...more

McCarter & English Blog: Government Contracts...

DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025....more

Wiley Rein LLP

Impacts of New DEI Executive Order Extend Beyond Federal Government to Private Sector

Wiley Rein LLP on

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO raises significant new considerations for companies across the United...more

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