News & Analysis as of

Trump Administration Employment Discrimination

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

Husch Blackwell LLP on

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

Brooks Pierce

The EEOC Signals Continued Increased Scrutiny of Religious Accommodation in the Workplace

Brooks Pierce on

Particularly since pandemic-era vaccination requirements, American employers have faced increasing enforcement actions and litigation regarding religious accommodation requests. Additionally, in 2023, the U.S. Supreme Court...more

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Littler

A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?

Littler on

Introduction - On March 4, 2025, standing before the U.S. Congress, President Trump proclaimed that his administration had “ended the tyranny of so-called diversity, equity and inclusion policies all across the entire...more

Sheppard Mullin Richter & Hampton LLP

Comprehensive Guide to Trump’s Executive Actions on ESG, DEI & Environmental Policy

The recent wave of executive orders issued under the Trump Administration marks a dramatic shift in the landscape of Environmental, Social, and Governance (ESG) policy, sustainability initiatives, and DEI (Diversity, Equity,...more

Spilman Thomas & Battle, PLLC

Understanding DEI Policies in the Workplace Today

Diversity, Equity and Inclusion (DEI) has been a hot topic. In 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. Harvard, 600 U.S. 181 (2023), eliminating race as a factor for college...more

Epstein Becker & Green

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

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

McAfee & Taft

Will expanded freedom of religious expression lead to increased tension in the workplace?

McAfee & Taft on

On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protection Religious Expression in the Federal Workplace.” The memo...more

Berkshire

DOJ Releases Additional Guidance Regarding Unlawful Discrimination

Berkshire on

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

Kerr Russell

Religious Accommodations Under Scrutiny

Kerr Russell on

Six months into the new Trump administration, it is clear that the EEOC is concentrating its efforts on religious discrimination in the workplace. Since President Trump’s inauguration, 25% of the new lawsuits or enforcement...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

BakerHostetler on

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

Saul Ewing LLP on

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

Paul Hastings LLP on

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

Seyfarth Shaw LLP on

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

Stinson LLP

With Federal Restrictions Removed, a Wave of State Laws Highlights Risks of Using AI in Employment Decisions

Stinson LLP on

In one of his first executive actions after retaking the White House, President Donald Trump repealed a 2023 Biden-era executive order that imposed requirements on the use of artificial intelligence (AI). It marked the first...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary

Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Senate Strikes Proposed 10-Year Ban on State and Local AI Regulation From Spending Bill

On July 1, 2025, the U.S. Senate nearly unanimously voted to remove a proposed ten-year ban that sought to restrict states and municipalities from enacting or enforcing laws and regulations related to artificial intelligence...more

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