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Constitutional Challenges Discrimination

Troutman Pepper Locke

Fifth Circuit Agrees to Dismiss CFPB’s UDAAP Examination Manual Appeal, Aligning with Bureau’s New Regulatory Priorities

Troutman Pepper Locke on

On May 1, the U.S. Court of Appeals for the Fifth Circuit dismissed the Consumer Financial Protection Bureau’s (CFPB or Bureau) appeal concerning the vacated amendments to its Unfair, Deceptive, or Abusive Acts and Practices...more

Allen Matkins

Intentionally Discriminatory Public Offering Stalled At The SEC

Allen Matkins on

In this February post, I pondered the question of whether an issuer could allocate shares on the basis of race, gender or ethnicity.  That post was inspired by the case of  Glennon v. Johnson, U.S. Dist. Ct. Case No....more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on

The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

McDermott Will & Emery

Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs

McDermott Will & Emery on

On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs)...more

Jackson Lewis P.C.

New Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti and Venezuela

Jackson Lewis P.C. on

Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S. District Court for the...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more

Shutts & Bowen LLP

Federal Judge Enjoins Significant Portions of DEI Executive Orders

Shutts & Bowen LLP on

In a 63-page order, Judge Adam B. Abelson, a U.S. District Judge for the District of Maryland, issued a nation-wide preliminary injunction that struck down as unconstitutional significant portions of Executive Order 114173...more

Berkshire

Trump Administration Sued A Second Time Over DEI-Related Executive Orders

Berkshire on

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection...more

Allen Matkins

May Corporations Allocate Shares Based On Race, Gender, Or Ethnicity?

Allen Matkins on

Last December, Bally’s Chicago, Inc., a Delaware corporation and indirect subsidiary of Bally’s Corporation filed a registration statement with the Securities and Exchange Commission to raise funds in connection with the...more

Greenbaum, Rowe, Smith & Davis LLP

Black History Month: Remembering the NJ-Born Physician Who Became the First Black Lawyer Admitted to Practice before the Supreme...

Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more

Parker Poe Adams & Bernstein LLP

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

Schwabe, Williamson & Wyatt PC

New Executive Orders Banning DEI Initiatives Spur DBE Contractors to Take ‎Action Into Their Own Hands

Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

Husch Blackwell LLP on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

BCLP on

On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Clark Hill PLC

Federal Judge Strikes Down 2024 Title IX Rules Nationwide

Clark Hill PLC on

Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide....more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

Frantz Ward LLP on

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is...

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The...more

Littler

Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

Littler on

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.  While the court’s decision...more

Schwabe, Williamson & Wyatt PC

Mid-America Continues to Challenge DOT’s DBE Program ‎

Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more

Troutman Pepper Locke

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper Locke on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

Schwabe, Williamson & Wyatt PC

Latest Bruckner Lawsuit Challenges Minority Business Development Agency

In 2022, Christian Bruckner and his company, Project Management Corporation, sued the federal government in the U.S. District Court for the Middle District of Florida (Tampa Division). The plaintiffs claimed that the...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

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