News & Analysis as of

Trump Administration Title VII

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

Venable LLP

DOJ Issues Expanded Guidance on DEI-Related Practices

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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

Kelley Drye & Warren LLP

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that,...more

Blank Rome LLP

DOJ Issues July 2025 Guidance on Unlawful Discrimination: Navigating Diversity, Equity, and Inclusion in a New Legal Landscape

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From the outset of his current term in office, President Trump has made it a signature policy objective to target and dismantle diversity, equity, and inclusion (“DEI”) and so-called “gender ideology” in both the public and...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

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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

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

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

New DOJ Guidance Identifies Unlawful DEI Practices That Could Result in Revocation of Federal Funding

On July 29, 2025, the U.S. Department of Justice (DOJ) released new guidance to all federal agencies clarifying what types of diversity, equity, and inclusion (DEI) practices and policies would be considered illegal...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

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

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

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces. ...more

Latham & Watkins LLP

DOJ Issues Guidance on “Unlawful Discrimination”

Latham & Watkins LLP on

The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector....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

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

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

Steptoe & Johnson PLLC

Trump Executive Order Takes Aim at Disparate-Impact Liability

Steptoe & Johnson PLLC on

On April 23, President Donald Trump issued Executive Order 14281 (EO), “Restoring Equality of Opportunity and Meritocracy,” 90 FR 17537, 2025 WL 1207532. The EO takes aim at disparate-impact liability, which the EO says...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Standardizes Burden for Majority and Minority Plaintiffs Bringing Title VII Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how employment discrimination claims brought by members of a majority group—such as...more

DLA Piper

United States Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims Under Title VII

DLA Piper on

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse...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

Bradley Arant Boult Cummings LLP

"Supreme Court Shakes Things Up: Reversal of the 'Background Circumstances' Rule Marks Major Legal Shift"

Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove...more

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