News & Analysis as of

Constitutional Challenges Diversity and Inclusion Standards (D&I) Title VI

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

Cozen O'Connor on

A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Saul Ewing LLP

Harvard University Sues Trump Administration Over Federal Funding Freeze

Saul Ewing LLP on

Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more

FordHarrison

Federal Courts Temporarily Block Enforcement of U.S. Department of Education "Dear Colleague Letter" Barring "Illegal DEI" in...

FordHarrison on

On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE)...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

Polsinelli on

On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...more

Cooley LLP

Shifting Guidance and Widespread University Investigations – The Trump Administration’s Aggressive First Moves Enforcing Title VI...

Cooley LLP on

The US Department of Education (ED) recently announced two separate groups of enforcement investigations to assess university compliance with civil rights obligations. The first, announced on March 10, includes 60 colleges...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

CDF Labor Law LLP

Enforcement Strategy Against DEI In Education and Private Sector Outlined in New Executive Order and U.S. Department of Education...

CDF Labor Law LLP on

Despite the issuance of a sweeping national federal court injunction against President Donald Trump’s January 20, 2025 and January 21, 2025 Executive Orders that seek to eliminate diversity, equity and inclusion (“DEI”)...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Preliminary Injunction against Anti-DEI Executive Orders

Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more

Polsinelli

DEI Executive Orders and Related Litigation

Polsinelli on

Executive Summary - On January 20, 2025, President Donald Trump signed 26 executive orders (EO), a record number of EOs signed by a President on Inauguration Day. In his first two weeks as President, a handful of these...more

Foley Hoag LLP - White Collar Law &...

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

Fenwick & West LLP on

Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

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