News & Analysis as of

Anti-Discrimination Policies Diversity and Inclusion Standards (D&I) Compliance

McDermott Will & Emery

Understanding and Navigating Compliance with NIH Grant DEI Policies

McDermott Will & Emery on

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the...more

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

Balch & Bingham LLP on

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Bodman

Navigating DEI Initiatives in Compliance with Title VII: Insights from EEOC and DOJ Guidance

Bodman on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how Diversity, Equity, and Inclusion (DEI) initiatives intersect with Title VII of the...more

Jackson Lewis P.C.

‘Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers

Jackson Lewis P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more

McCarter & English, LLP

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment...more

Paul Hastings LLP

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

Paul Hastings LLP on

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

Ballard Spahr LLP

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace

Ballard Spahr LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about...more

Littler

EEOC and Department of Justice Issue Technical Assistance on DEI

Littler on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC), in conjunction with the U.S. Department of Justice (DOJ), issued two “technical assistance” documents “focused on educating the public about unlawful...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Nossaman LLP

UPDATED: New Transportation Secretary Gets to Work with New Directives

Nossaman LLP on

February 24, 2025 Update (Diversity, Equity, and Inclusion) - The evening of February 21, 2025, Judge Adam B. Adelson, United States District Judge for the District of Maryland, issued a preliminary injunction enjoining...more

Husch Blackwell LLP

Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders

Husch Blackwell LLP on

Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21,...more

Paul Hastings LLP

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

Paul Hastings LLP on

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

Fox Rothschild LLP

16 State Attorneys General Offer Guidance on DEI Policies Amid Federal Scrutiny

Fox Rothschild LLP on

The attorneys general from 16 states have issued a joint guidance letter in response to orders and statements from the Trump administration, including a memorandum from the U.S. Department of Justice (DOJ) titled “Ending...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

Snell & Wilmer on

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Schwabe, Williamson & Wyatt PC

Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

Berkshire

Sixteen State Attorneys General: “DEI Best Practices Are Not Illegal”

Berkshire on

The Attorneys General of Massachusetts and Illinois, joined by the Attorneys General of 14 other states (Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon,...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

Cozen O'Connor on

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Foley & Lardner LLP

President Trump Ends Affirmative Action Requirements for Federal Contractors

Foley & Lardner LLP on

Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and...more

Davis Wright Tremaine LLP

New Administration Outlook: What Should Federal Contractors Do With Their DEI Programs?

Recipients of federal funding now have broad mandates but little guidance from the Trump Administration about employer DEI programs. Trump's new Executive Order "Ending Illegal Discrimination and Restoring Merit-Based...more

Mintz - Employment Viewpoints

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their...more

King & Spalding

What Employers Need to Know About the State of the EEOC

King & Spalding on

On January 27, 2025, President Trump removed Commissioners Charlotte A. Burrows and Jocelyn Samuels from the Equal Employment Opportunity Commission (“EEOC”), as well as General Counsel Karla Gilbride. In light of President...more

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