News & Analysis as of

Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Polsinelli

EEOC Moves to Rescind Longstanding Affirmative Action Rule Under Title VII

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Key Highlights - The EEOC has submitted a rulemaking item for White House regulatory review that would rescind its 1979 Interpretive Rule, “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964.”...more

Offit Kurman

HUD’s New Fair Housing Governance Strategies: Accountability, Detection, and Interagency Strategic Targeting

Offit Kurman on

HUD’s unending flurry of announcements, proposed rulemaking, and press releases is neither subtle nor accidental. Over the past 18 months or so, HUD’s announcements have coalesced around three themes likely to shape the next...more

Mandelbaum Barrett PC

New Jersey Appellate Division Recognizes Implied Private Right of Action Under CREAMMA

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The New Jersey Appellate Division’s recent decision in Sanders v. The Levari Group, LLC marks a significant development in the rapidly evolving intersection of employment law and legalized cannabis. In a precedential opinion,...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Ounce of Prevention Podcast | Non-Financial Misconduct: Risks, Investigations and Best Practices

Skadden, Arps, Slate, Meagher & Flom LLP on

In this episode of “An Ounce of Prevention,” host Andrew Good is joined by Bora Rawcliffe and Vanessa McGoldrick from Skadden's White Collar Defense and Investigations Group to explore the growing regulatory and legal focus...more

Davis Wright Tremaine LLP

Mile-High Risk: Colorado Enacts Risk-Based AI Regulation to Address Algorithmic Discrimination - Update

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UPDATE MAY 21, 2026: On May 14, 2026, Colorado repealed the Colorado AI Act and its regulation of "high-risk" AI systems, replacing it with a narrower and less complex AI framework governing the use of "automated decision...more

Womble Bond Dickinson

8th Circuit Vacates FCC’s 2023 Digital Discrimination Rules

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The Eighth Circuit Court of Appeals has vacated the Federal Communications Commission’s 2023 Digital Discrimination Order, holding that the Order, which adopted rules interpreting digital discrimination of access to include...more

Coblentz Patch Duffy & Bass

AI Privacy and Regulation Update

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Artificial intelligence regulation has entered a new phase. What started as policy conversations about innovation, ethics, and voluntary guardrails is now a real compliance issue centered on privacy, transparency,...more

PilieroMazza PLLC

Ending Discrimination in Government Contracting Act Proposes to Eliminate Preferences for 8(a) and WOSB Firms

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On April 27, 2026, Senator Mike Lee (R-UT) and Congressman Glenn Grothman (R-WI) introduced companion bills called “Ending Discrimination in Government Contracting Act.” The bills (H.R. 8511) and (S. 4390) seek to eliminate...more

Cozen O'Connor

The State AG Report – 05.14.2026

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • California Steers GM Into $12.75 Million Privacy...more

Littler

Littler Lightbulb – April 2026 Employment Appellate Roundup

Littler on

Fifth Circuit Vacates NLRB Order Regarding Company Subpoenas During Union Organizing Campaign - In Starbucks v. NLRB, __ F.4th __ (5th Cir. Apr. 17, 2026), the Fifth Circuit vacated the National Labor Relations Board’s (NLRB)...more

Bond Schoeneck & King PLLC

New York State Commissioner of Education Annuls District Policies Prohibiting Students from Accessing Facilities Aligned with...

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On April 20, 2026, the New York State Commissioner of Education annulled two district policies that prohibited transgender and gender nonconforming students from accessing facilities that correspond with their gender...more

Orrick, Herrington & Sutcliffe LLP

NYDFS reiterates companies’ fair lending obligations under state banking laws

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On April 22, NYDFS issued an industry letter to all entities regulated by the department under the New York Banking Law, outlining their obligations under New York’s fair lending law, N.Y. Executive Law § 296-a. The letter...more

Littler

Florida Law Prohibits Government Funding for DEI Initiatives

Littler on

Florida Governor Ron DeSantis has signed legislation, Florida Senate Bill 1134, furthering the state government’s efforts to distance itself from so-called “woke” politics. In doing so, the Florida State Legislature is...more

ArentFox Schiff

Ninth Circuit Rejects Youth Challenge to Federal Regulatory Accounting Policies

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Classes of children are often named as plaintiffs in climate litigation, with complaints stressing the need for judicial intervention to overcome gridlock in the political branches....more

Polsinelli

The New Rules of Federal Contracting: Redefining DEI Compliance

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Key Takeaways - Federal contractors and subcontractors should assess whether their existing DEI policies and initiatives include any race- or ethnicity-based disparate treatment that could constitute a violation under EO...more

Proskauer - Government Contractor Compliance...

Federal Government Intervenes in Case Seeking To Invalidate Colorado AI Law

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Quick Hit:  On April 24, 2026, the Department of Justice intervened in a lawsuit filed by xAI, a company owned by Elon Musk, challenging the Colorado Artificial Intelligence Act (the “AI Act”).  If successful, the effort...more

Polsinelli

CFPB Issues New Fair Lending Rule on Disparate Impact Discrimination and Other Topics

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Key Takeaways: The CFPB issued a final rule on April 22, 2026, eliminating disparate impact as a basis for ECOA enforcement. It also revises discouragement standards and restricts special-purpose credit program criteria....more

Baker Donelson

CFPB's New Fair Lending Rule is Out – No Surprises But Big Changes

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For those waiting on pins and needles to see how the Consumer Financial Protection Bureau (CFPB) under new leadership would implement recent presidential directives related to discrimination and the constitutional guarantee...more

Blank Rome LLP

New Suit Seeks to Enjoin EO 14398: Implications for Government Contractors

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Less than one month after the issuance of Executive Order 14398 (“EO 14398”), “Addressing DEI Discrimination by Federal Contractors,” a coalition of academic and contractor organizations has filed a lawsuit in federal court...more

Jackson Lewis P.C.

FAR Council Accelerates Implementation of Executive Order 14398 With Instructions to Agencies

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Federal contractors have new insight into how the government may implement and enforce Executive Order (EO) 14398, which aims to prevent federal contractors and subcontractors from engaging in discriminatory diversity, equity...more

Lerch, Early & Brewer

Employment Law Changes in Store for Virginia – What Employers Need to Know

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Last week marked the deadline for Virginia Governor Abigail Spanberger to sign, veto or propose changes or substitutes to those bills passed in Virginia’s recently concluded 2026 General Assembly session....more

Miller Nash LLP

City of Portland Expands Anti-Discrimination Protections to Family and Relationship Structure

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Effective April 10, 2026, it is now unlawful under the City of Portland’s civil rights code to discriminate in employment, housing, or places of public accommodation based on the “family or relationship structure.” The City...more

Hogan Lovells

UK government consults on new NDA restrictions

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After the #MeToo movement, there was public concern about employers using NDA agreements to prevent workers speaking out about discrimination or harassment. In response, the government used the Employment Rights Act 2025 to...more

Ward and Smith, P.A.

The Insurance Implications of AI in Your Business: Is Your Current Coverage Keeping Up?

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Artificial intelligence is no longer a future consideration for business owners. It is a present reality. Businesses across every industry in North Carolina and beyond are deploying AI tools for customer service, data...more

Potomac Law Group, PLLC

Another Round on DEI: EO 14398 Targets Race-Based Discrimination and Expands Compliance Obligations for Federal Contractors

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On March 26, 2026, the administration issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”), reinforcing Executive Orders issued in January 2025—particularly...more

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