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Trump Administration Diversity and Inclusion Standards (D&I) Employment Discrimination

Berkshire

DOJ Releases Additional Guidance Regarding Unlawful Discrimination

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In a memo to all federal agencies dated July 29, 2025, “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination,” Attorney General Pam Bondi clarifies the Trump administration’s stance on illegal...more

Fenwick & West LLP

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

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Since returning to office in January 2025, President Donald Trump has made scrutinizing DEI programs a central policy priority, including through the following pronouncements...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

BakerHostetler

Trump Administration Releases New Guidance on Unlawful DEI

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On July 30, the Department of Justice (DOJ) issued a new memorandum from Attorney General Pam Bondi that provides further guidance on what DEI practices the Trump Administration considers unlawful discrimination. ...more

Saul Ewing LLP

How the Trump Administration’s Stance on DEI Could Impact Your Access to Federal Funding, and Its Ripple Effects

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On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies discussing Diversity, Equity, and Inclusion (DEI) programs. More specifically, she outlined how agencies should regulate the activities...more

Paul Hastings LLP

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

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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

Seyfarth Shaw LLP

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

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On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on...more

Harris Beach Murtha PLLC

The Trump Administration Signals Its False Claims Act Enforcement Priorities

As the second Trump Administration concludes its sixth month, the U.S. Department of Justice has identified its top False Claims Act (FCA) enforcement priorities...more

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

DLA Piper on

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

Brownstein Hyatt Farber Schreck

DOJ’s Civil Division Announces New Enforcement Priorities—What It Means for Business

In a June 11 memorandum to all division employees, the assistant attorney general for the Department of Justice’s (DOJ) Civil Division promulgated a new list of enforcement policies with the stated purpose of advancing the...more

PilieroMazza PLLC

New False Claims Act Threats: 5 Key Takeaways from DOJ’s Initiative Targeting DEI and Antisemitism

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On May 19, 2025, the Department of Justice (DOJ) issued a memorandum launching a new enforcement program known as the Civil Rights Fraud Initiative (the Initiative). Furthering the Trump Administration’s direct targeting of...more

Arnall Golden Gregory LLP

DOJ Issues Civil Enforcement Priorities in Line With President’s Executive Orders

The Department of Justice (“DOJ”) continues to expand the Civil Division’s role in enforcing and implementing policies that have been announced through the President’s Executive Orders....more

Seyfarth Shaw LLP

OFCCP Issues Invitation to Voluntarily Report Efforts to Comply with Executive Order 14173

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Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more

Mayer Brown

DOJ Civil Division Announces Five Enforcement Priorities

Mayer Brown on

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)...more

Seyfarth Shaw LLP

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

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The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’...more

McNees Wallace & Nurick LLC

The Civil Rights Fraud Initiative: Adding “Teeth” to the Enforcement of Trump’s Executive Orders Against Illegal DEI

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche issued a memorandum launching the “Civil Rights Fraud Initiative” (the “CRFI”). The CRFI outlines how individuals can pursue claims against federally funded...more

Hogan Lovells

DOJ Civil Division Assistant Attorney General’s first day memorandum sets out FCA enforcement priorities aligned with Trump...

Hogan Lovells on

On the day he was sworn in, June 11, 2025, Civil Division Assistant Attorney General (AAG) Brett Shumate took the unusual step of issuing a memorandum to all employees of the Department of Justice (DOJ) Civil Division – most...more

DCI Consulting

Is EEO Cool Again? Part I: EEO Compliance Isn’t DEI

DCI Consulting on

Over several decades, DCI has dedicated substantial efforts to evaluating equal employment opportunity (EEO) compliance programs and anti-discrimination initiatives. Typically managed within an organization's Human Resources...more

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

Troutman Pepper Locke on

The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

Williams Mullen on

On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Dorsey & Whitney LLP

Justices Reject Higher Standard for “Reverse Discrimination” Claims

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The United States Supreme Court has held that the evidentiary standards for “reverse discrimination” claims under federal employment law must be the same as those set for claims brought by members of minority groups....more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

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U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

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On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

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