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Trump Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of...more

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Employment Investigations Checklist

In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be...more

The Future of Board Diversity Disclosures

The current proxy season presents new challenges and opportunities for U.S. companies as they face shifting expectations regarding board diversity. There are a number of notable developments. The Fifth Circuit Court of...more

16 AGs Issue Guidance on the “Continued Viability and Important Role” of DEI Efforts

“To be clear: the Executive Order cannot and does not prohibit otherwise lawful practices and policies to promote diversity, equity, inclusion and accessibility.” – 16 Democratic AGs...more

AG Bondi Issues Memorandum Entitled “Ending Illegal DEI and DEIA Discrimination and Preferences”

On February 5, 2025, United States Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” The memorandum advises that the Department of Justice’s (DOJ) Civil Rights...more

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

President Trump Issues Executive Order on Diversity Efforts by Government Contractors and Private Employers

On January 21, 2025, President Donald Trump issued an Executive Order, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Executive Order rescinds affirmative action requirements in government...more

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