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Fourteenth Amendment Equal Protection

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Littler

2024 Summer Olympics Series: United States

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The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their...more

Snell & Wilmer

Supreme Court Clarifies Evidentiary Contours of Racial and Political Gerrymandering Jurisprudence

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Every ten years, states conduct a redistricting process to redraw state and congressional boundary lines for the selection of elected representatives. Due to its politically thorny nature, this process unsurprisingly results...more

Robinson+Cole RLUIPA Defense

Chicago’s Application of Parking Regulations Violates RLUIPA

In Immanuel Baptist Church v. City of Chicago, the United States District Court for the Northern District of Illinois recently ruled that the City of Chicago had violated the Religious Land Use and Institutionalized Persons...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Spring 2024 Edition

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The...more

Gray Reed

Louisiana Regulatory Taking Claim Defeated

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Itching to sue the government for taking your property? Treme v. St. John the Baptist Parish Council is a reminder that you must have a property interest subject to being taken in order to have standing to sue for a...more

Array

This Week in eDiscovery: Judges Share Most Impactful Cases and eDiscovery Hiring Heats Up

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of February 26 to March 3. Here’s...more

Bowditch & Dewey

Supreme Court Allows West Point to Continue to Use Race in Admissions (For Now)

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On June 29, 2023, admissions policies and practices of many higher ed institutions were forced to pivot when the U.S. Supreme Court ruled that using race to make admissions decisions violated the Equal Protection Clause of...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Jones Day

It's Time for a Fresh Look at DEI Metrics in Executive Compensation

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The Background: It is estimated that over 84 percent of companies in the S&P 1500 use some form of "social" metric when determining their executives' incentive compensation. Many of these social metrics set forth diversity,...more

Husch Blackwell LLP

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

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In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Davis Wright Tremaine LLP

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming...more

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

New Texas Law Prohibiting Institutions of Higher Education From Establishing or Maintaining DEI Offices Is Now Effective

Effective January 1, 2024, a new Texas law prohibits public institutions of higher education from, among other things, establishing or maintaining diversity, equity, and inclusion (DEI) offices or hiring or assigning...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

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The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Greenberg Glusker LLP

[Webinar] What’s Next for DEI Initiatives in the Wake of the SCOTUS Affirmative Action Decision? - January 24th, 10:00 am - 11:00...

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This presentation will include: - Case discussion - Decision's implications for clients, law firms, and courts - Potential solutions...more

DRI

The Attack on DEI: Safeguarding Corporate DEI Initiatives Post-Supreme Court’s Affirmative Action Decision

DRI on

The United States Supreme Court’s recent decision to strike down affirmative action admissions policies in higher education certainly caused a whirlwind reaction from the legal community. On June 29, 2023, the Supreme Court...more

Jackson Lewis P.C.

Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

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Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

Foley & Lardner LLP

Caution Advised: Use of DEI Performance Goals in Incentive Compensation

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Recent court decisions have ruled that certain race-based college admissions programs violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. While these decisions do not apply directly to...more

Fisher Phillips

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

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It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

Fisher Phillips

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Bass, Berry & Sims PLC

UPDATE: Next Step in SBA’s Implementation of Ultima Ruling to 8(a) Program

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The July 19 Ultima ruling threw the 8(a) program into tumult after the U.S. District Court for the Eastern District of Tennessee found the program’s rebuttable presumption mechanism, used to find social disadvantage, in...more

Robinson Bradshaw

The Supreme Court’s SFFA Decision: Impacts on Corporate DEI Initiatives

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On June 29, the Supreme Court struck down Harvard and UNC’s race-conscious admissions programs with a precedential holding that effectively ends affirmative action in the education context. Though the Students for Fair...more

Akerman LLP

Navigating the Affirmative Action Prohibition

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The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

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On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

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