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Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

Muldrow Sets a New Standard for Workplace Discrimination

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Affirmative Action: Six Employer Questions After the Supreme Court Arguments

On October 31, 2022, the U.S. Supreme Court held oral arguments in two landmark cases, Students for Fair Admissions, Inc. v. President and Fellows of Harvard and Students for Fair Admissions, Inc. v. University of North...more

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