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Akerman LLP

The Department of Justice’s Final Rule Eliminates Liability for Disparate Impact Discrimination Under Title VI

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On December 10, 2025, the Department of Justice (DOJ) issued a Final Rule rescinding portions of its Title VI regulations to conform more closely with the statutory text and to implement Executive Order 14281. In summary, the...more

Potomac Law Group, PLLC

Navigating Education DEI Programs After Trump Administration Withdraws Appeal

The Trump Administration has withdrawn its appeal in a lawsuit challenging the Department of Education’s efforts to curtail diversity, equity, and inclusion (DEI) programs in school districts and colleges throughout the...more

McGuireWoods LLP

Higher Education 2025 in Focus: Lessons Learned and the 2026 Roadmap

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Higher education saw rapid change in 2025, with institutions managing shifting regulations and guidance, financial pressures and evolving campus climate issues. This includes changes to Title IX, collegiate athletics,...more

Miller Canfield

Sixth Circuit Holds Interest & Ability Required to Add Teams, Signals Title IX Athletics Regs Outdated

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Title IX requires schools receiving federal financial assistance to “provide equal athletic opportunity for members of both sexes.” But can Title IX plaintiffs force a university to create Division I varsity teams based...more

Thompson Coburn LLP

Higher Education Litigation Summary: January 2026

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We are pleased to share the new 2026 edition of Thompson Coburn’s Higher Education Litigation Summary, your resource for timely legal updates on key rulings and ongoing cases shaping the higher education sector. ...more

Whiteford

Employment Law Update: The EEOC Revokes Its Guidance on Transgender Protections Under Title VII

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At a public meeting on January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind its Biden-era harassment guidance (the Guidance) that identified persistent misgendering and/or limiting restroom...more

Constangy, Brooks, Smith & Prophete, LLP

A loser of an ADA argument

Are you kidding me? Dear Readers, here is an ADA quiz. I’m not sure you’ll be able to handle it. It’s really, really hard. Your employee discloses that she has ovarian cancer that has metastasized to her liver. She...more

Littler

EEOC Rescinds Enforcement Guidance on Harassment

Littler on

On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to rescind the guidance was approved two-to-one, with Chair Andrea...more

Arnall Golden Gregory LLP

HHS Proposes Medicare and Medicaid Participation Consequences for Hospitals Offering Gender-Affirming Care

Key Takeaways - The Declaration. Secretary Kennedy’s declaration concludes that pediatric gender-affirming care does not constitute a “safe and effective treatment” and that practitioners who furnish such services fall...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC votes to revoke Biden-era transgender guidance

Bloomberg Law has just reported that the U.S. Equal Employment Opportunity Commission voted to rescind guidance on transgender discrimination that was issued during the Biden Administration. As I reported on Friday, the EEOC...more

Offit Kurman

2025 Fair Housing Trends Report: What We’re Seeing and Why It Matters

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The National Fair Housing Alliance (NFHA) is the nation’s largest nonprofit fair housing organization, leading investigations, enforcement, advocacy, and research to advance equal housing opportunity....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Refusal to Work Hybrid Schedule Dooms ADA Claim

The Americans with Disabilities Act is not an entitlement statute. This means that in order to be a qualified protected individual under the law, an employee must be able to perform the essential functions of the job, with or...more

Poyner Spruill LLP

The Fourth Circuit Court Of Appeals Upholds Color Of Law Requirement In Affirming Dismissal Of Monell Claim Against Town Of Elon

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When analyzing any case filed pursuant to 42 U.S.C § 1983, it’s important to always remember what the elements of such a claim are and analyze whether a plaintiff’s complaint sufficiently alleges a breach of those elements....more

Stoel Rives - World of Employment

Pay Transparency and Pay Data Reporting in California for 2026

California continues to push pay transparency further into the mainstream of employment law. Employers with 15 or more employees now face more detailed requirements for posting wage ranges and reporting pay data. Penalties...more

Fisher Phillips

Texas Attorney General Takes Aim at DEI With New Opinion Letter: 6 Steps For K-12 Private Schools To Consider

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Texas’s Attorney General just issued a sweeping 74-page Opinion that calls into question the legality of many Diversity, Equity, and Inclusion (DEI) initiatives across the state in both public and private sectors, including...more

Fisher Phillips

US Department of Education Announces 18 Title IX Investigations Related to Transgender Athletes – What Should Your School Do?

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The US Department of Education recently launched a series of Title IX investigations of 18 different colleges and universities, state departments of education, and local public school systems that have policies allowing...more

McDonald Hopkins

Discussing employee retirement plans: Legal risks and considerations

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The Eighth District Court of Appeals in Cuyahoga County, Ohio, recently reversed a trial court’s grant of summary judgment in the age discrimination case Selzer v. Union Home Mtge. Corp., 2026-Ohio-38. ...more

Baker Donelson

Disparate Impact Liability Is Top of Mind – Is Your Financial Institution Ready?

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As 2026 kicks into high gear, all signs point to another year of jaw-dropping headlines as federal financial regulators move swiftly to implement many of the policy changes found in executive orders and other directives...more

Morgan Lewis

New York State to Prohibit Employers’ Use of Consumer Credit Information Starting April 2026

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New York state has joined New York City and the other jurisdictions that limit an employer’s ability to use an applicant’s or employee’s credit information in making employment decisions. Beginning April 18, 2026, New York...more

Dorsey & Whitney LLP

DOJ Sues Minnesota Over Affirmative Action, Certifies Case for Early SCOTUS Fight on Title VII Precedent

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On January 14, 2026, the United States Department of Justice’s (“DOJ”) Civil Rights Division filed a federal suit seeking to strike down the State of Minnesota’s affirmative-action program in a challenge that could have...more

Foley & Lardner LLP

Illegal DEI? Understanding Compliance, Risk, and the Real Focus of Enforcement

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In the past year, workplace diversity, equity, and inclusion (DEI) programs have attracted heightened attention from federal agencies. For some employers, this scrutiny has sparked confusion. As the Equal Employment...more

Offit Kurman

The EEOC’s New Posture on DEI Under Chair Andrea Lucas: What Executives and Corporate Counsel Need to Know

Offit Kurman on

The landscape of workplace civil rights enforcement is shifting — and fast. With Andrea Lucas now serving as Chair of the U.S. Equal Employment Opportunity Commission (EEOC), organizations should expect a markedly different...more

Husch Blackwell LLP

Civil Rights Fraud Investigations of DEI Programs Have Begun

Husch Blackwell LLP on

On May 19, 2025, the Department of Justice (“DOJ”) announced its Civil Rights Fraud Initiative (the “CRFI”). As discussed in our post related to that announcement, the CRFI mobilizes federal, state, and local law enforcement...more

Constangy, Brooks, Smith & Prophete, LLP

Feds sue Minnesota for discrimination in hiring

DOJ follows through on warning about “illegal DEI.” The U.S. Department of Justice filed suit against the State of Minnesota, alleging that the state’s hiring laws discriminate on the basis of race and sex. The...more

Orrick, Herrington & Sutcliffe LLP

HUD moves to eliminate disparate impact rules under Fair Housing Act

On January 14, HUD proposed a rule to rescind its regulations addressing disparate impact liability under the Fair Housing Act. The agency explained that questions about whether a housing practice has an unjustified...more

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