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
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
4/2/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Illinois ,
Injunctions ,
Preliminary Injunctions ,
Reverse Discrimination ,
Title VII ,
Trump Administration
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
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
On February 21, 2025, the U.S. District Court for the District of Maryland preliminarily enjoined certain aspects of Executive Order No. 14173, President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based...more
2/26/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Title VII ,
Trump Administration
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
2/5/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Transgender ,
Trump Administration
Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more
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
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
4/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more
11/9/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Joe Biden ,
OFCCP ,
Secretary of Labor ,
Title VII ,
Transparency
On June 29, 2023, the Supreme Court decided Groff v. DeJoy in a unanimous ruling that clarifies the “undue hardship” standard under which an employer can deny a requested religious accommodation under Title VII of the Civil...more
7/6/2023
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
De Minimus Doctrine ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The accelerating pace of artificial intelligence innovation illustrated by ChatGPT, Bard, and other applications that have captured the world’s attention bring the promise of better and more effective tools on which employers...more
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