News & Analysis as of

Affirmative Action First Amendment

Patterson Belknap Webb & Tyler LLP

Fearless Fund Decision May Impact Race-Based Grantmaking

On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in...more

Proskauer - California Employment Law

Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights

A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more

Davis Wright Tremaine LLP

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for...more

Holtzman Vogel Baran Torchinsky & Josefiak

Holtzman Vogel Supreme Court Review, October Term 2022

By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Constangy, Brooks, Smith & Prophete, LLP

Awareness, Awokeness, And Affirmative Action

When you think about diversity, equity, and inclusion, you may think about racial disparities in policing, criminal justice reform, gender wage gaps, or even statements by major corporations, politicians, or celebrities. Or...more

DirectEmployers Association

OFCCP Week In Review: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

DirectEmployers Association

EO 13950 Imploded Even Before Biden Could Cancel it

RECAP - U.S. District Court Preliminarily Enjoined EO 13950 Ban on “Divisive” D&I Training - OFCCP Canceled Announced Focused Reviews on D&I - OFCCP Has Also Stopped EO 13950 Complaint Investigations...more

Holland & Knight LLP

Office for Civil Rights Changes its Complaint Processing Manual Again

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) has revised its Case Processing Manual (commonly referred to as the CPM) yet again. The changes to the CPM, which follow closely behind the Department's release...more

Seyfarth Shaw LLP

OFCCP Winds Down Summer By Issuing New Guidance on Religious Discrimination and Announcing New Focused Review Process

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives....more

Skadden, Arps, Slate, Meagher & Flom LLP

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

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

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

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