News & Analysis as of

Preliminary Injunctions Race Discrimination

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Littler

11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

Littler on

On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the...more

Poyner Spruill LLP

Eleventh Circuit Decision Generates Further Concern in Diversity Initiatives

Poyner Spruill LLP on

On Monday, June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit held that a contest providing venture-capital funding to only Black women was substantially likely to violate section 1981 of the Civil Rights Act of...more

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

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Lowenstein Sandler LLP

Fearless Fund Litigation Update – What Nonprofits and Other Private Actors Should Know

Lowenstein Sandler LLP on

On June 3, 2024, a divided U.S. Court of Appeals for the Eleventh Circuit issued a decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, No. 23-13138 (11th Cir., June 3, 2024) (“Fearless Fund”)...more

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

Constangy, Brooks, Smith & Prophete, LLP

Court halts black-only grants program

Chief Justice Roberts did say, "eliminating race discrimination means eliminating all of it." The United States Court of Appeals for the Eleventh Circuit ruled that a grant program -- which is available only to black females...more

Proskauer - Corporate Defense and Disputes

Eleventh Circuit Invalidates Contest Providing Venture-Capital Funding for Black Women

The U.S. Court of Appeals for the Eleventh Circuit held that a contest providing venture-capital funding only to Black female applicants is substantially likely to violate section 1981 of the Civil Rights Act of 1866, which...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives

Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts. The Second Circuit has rejected a...more

Jackson Lewis P.C.

Preliminary Injunction Against Florida’s Individual Freedom (or Stop W.O.K.E.) Act Upheld

Jackson Lewis P.C. on

A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of...more

Schwabe, Williamson & Wyatt PC

District Court Grants Preliminary Injunction against MBDA Business Centers, Finding Unconstitutional Discrimination

In March of 2023, Christian Bruckner, Jeffrey Nuziard, and Matthew Piper filed a lawsuit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), Jeffery Nuziard, et. al. v. Minority Business...more

FordHarrison

Federal Court Grants Preliminary Injunction to Halt Enforcement of Florida's Stop WOKE Act

FordHarrison on

On August 18, 2022, the United States District Court for the Northern District of Florida entered a preliminary injunction ordering state officials in Florida to take no steps to enforce HB7, or the “Stop WOKE Act,” while the...more

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

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

Schwabe, Williamson & Wyatt PC

Buckner Position for Preliminary Injunction

As we discussed in a prior update, on July 13, 2022, Plaintiff Christian Buckner filed a lawsuit in the Federal District Court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10%...more

FordHarrison

Go Woke, Go Broke? Potential Legal Exposure for Florida Diversity Training Starts July 1

FordHarrison on

The “Stop WOKE Act” (HB7) (the “Act”) is set to go into effect on July 1, 2022, following a court decision this week declining to enter an injunction to halt the Act. The Act, among other things, restricts employers from...more

Littler

Down But Not Out: U.S. District Court Denies Preliminary Injunction Against Florida “Stop-WOKE” Law

Littler on

On June 27, 2022, the U.S. District Court for the Northern District of Florida denied a request to enjoin the provisions of Florida HB 7, named the Individual Freedom Act (“IFA”) or the so-called “Stop-WOKE” law (the state’s...more

Littler

First Lawsuit Against Florida’s “Stop WOKE” Bill Filed

Littler on

As we reported previously, Governor DeSantis signed the “Stop WOKE” Act into law on Friday, April 22, 2022. Ten minutes later, five individuals, including three teachers, a student, and an individual consultant who provides...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...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

Wiley Rein LLP

Federal Court Enjoins Enforcement of Key Diversity Training Limits in Executive Order 13950

Wiley Rein LLP on

WHAT: The U.S. District Court for the Northern District of California has issued a preliminary injunction barring the Government from enforcing portions of Executive Order (EO) 13950, Executive Order on Combatting Race and...more

Fisher Phillips

Court Overturns President Trump’s Ban On Federal Contractor Diversity Training

Fisher Phillips on

A federal judge just issued a preliminary injunction to stop government enforcement of a controversial presidential executive order that severely curtailed the ability of federal contractors to offer diversity training on...more

DirectEmployers Association

Two Civil Rights Groups Sued The Trump Administration To Stop EO 13950

The National Urban League and the National Fair Housing Alliance, both which are covered federal Government contractors and federal grant recipients, filed suit in the federal District Court for the District of Columbia....more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

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