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Trump Administration Executive Orders Sex Discrimination

Venable LLP

DOJ Issues Expanded Guidance on DEI-Related Practices

Venable LLP on

On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...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

Seyfarth Shaw LLP

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

Seyfarth Shaw LLP on

The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more

Morgan Lewis

On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

Morgan Lewis on

The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...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

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

Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

Paul Hastings LLP on

On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

Maynard Nexsen

Title VII: What Constitutes Discrimination on the Basis of Sex?

Maynard Nexsen on

On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated...more

Jackson Lewis P.C.

Department of Labor Proposed Budget Seeks To Completely Dismantle OFCCP

Jackson Lewis P.C. on

According to the U.S. Department of Labor’s (DOL) fiscal year 2026 proposed budget, the Department is set to fully eliminate the Office of Federal Contract Compliance Programs (OFCCP) next fiscal year, which begins October 1,...more

Ballard Spahr LLP

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data

Ballard Spahr LLP on

The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

Williams Mullen on

Although Executive Order 11246, which mandated race and gender affirmative action programs for federal contractors and subcontractors, was revoked by President Trump in January 2025, the EEOC’s newly updated EEO-1 Data...more

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

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more

TNG Consulting

Should Schools and Colleges Remove Gender Identity Protections from Policy?

TNG Consulting on

Like many firms with a leadership think tank, our consultants collaborate to inform how we advise our clients and ATIXA’s members. Recently, we discussed the Trump Administration’s Executive Order (EO) that limits its...more

FordHarrison

EEOC Submits Proposed 2024 EEO-1 Instructions to OMB

FordHarrison on

The EEO-1 Report is an annual filing required by the Equal Employment Opportunity Commission (EEOC) that provides a summary of an employer’s workforce demographics. The Report includes information on a company’s workforce...more

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

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more

Fox Rothschild LLP

Trump Administration Launches Title IX Investigations Team to Accelerate Enforcement

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The Trump administration has announced the creation of a Title IX Special Investigations Team (SIT) to respond to a surge in Title IX complaints and carry out enforcement of several of President Trump’s executive orders. ...more

Troutman Pepper Locke

New Leaders, New Focus: Navigating EEOC Updates

Troutman Pepper Locke on

Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC)....more

FordHarrison

The New Presidential Directive on Gender Identity: The Next Steps for Florida Employers

FordHarrison on

On January 20, 2025, President Trump enacted Executive Order (EO) 14168, which is titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This EO mandates that various...more

Keating Muething & Klekamp PLL

EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices

On March 17, 2025, Equal Employment Opportunity Commission (“EEOC”) Acting Chair, Andrea Lucas, sent letters to 20 large law firms requesting information concerning each firm’s diversity, equity, and inclusion (“DEI”) related...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

Ballard Spahr LLP on

Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Holland & Knight LLP

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

Holland & Knight LLP on

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping...more

Bowditch & Dewey

U.S. Department of Education to Enforce 2020 Title IX Regulations

Bowditch & Dewey on

On Friday, January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) clarifying that, effective immediately, OCR will enforce Title IX in accordance with the 2020...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Warner Norcross + Judd

Title IX Makeover Shakes Up Colleges and Universities

Warner Norcross + Judd on

In the last several weeks, three seismic events have altered the Title IX compliance landscape for colleges and universities around the country: A federal district court’s vacation of the Biden administration’s 2024 Title IX...more

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