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New Executive Order Attacks ‘Disparate Impact’ Liability

On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

Illinois District Court Blocks Portions of Anti-DEI Executive Order

There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...more

EEOC and DOJ Issue Guidance on 'DEI-Related Discrimination'

Following President Donald Trump’s issuance of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI) initiatives,...more

Fourth Circuit Court of Appeals Stays Preliminary Injunction of Anti-DEI Executive Order

On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

The “Ending Illegal Discrimination” Executive Order: What Does It Mean for Employers?

The landscape of federal employment priorities is being redefined. On January 22, 2025, President Trump issued an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Ending...more

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

SCOTUS Removes ‘Significant Harm’ Requirement for Title VII Transfer Suits

On April 17, 2024, the Supreme Court decided Muldrow v. St. Louis, No. 22‑193, holding that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers that cause “some harm” with respect to the terms,...more

EEOC Draft Strategic Enforcement Plan Reflects Focus on Employers’ Use of Artificial Intelligence

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more

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