News & Analysis as of

Discrimination › Diversity and Inclusion Standards (D&I)

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 -
Sheppard Mullin Richter & Hampton LLP

California District Court Partially Enjoins Application of DEI and “Gender Ideology” Executive Orders Against Coalition of...

Sheppard Mullin Richter & Hampton LLP on

Recently, the U.S. District Court for the Northern District of California in the case of San Francisco AIDS Foundation v. Trump temporarily halted enforcement of parts of the diversity, equity and inclusion and “gender...more

Wiley Rein LLP

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

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WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered...more

WilmerHale

DOJ Civil Division Issues Enforcement Priorities Memorandum

WilmerHale on

On June 11, 2025, the recently confirmed Assistant Attorney General for the Civil Division, Brett Shumate, issued a memorandum directing Civil Division lawyers to prioritize investigations and enforcement actions advancing...more

K&L Gates LLP

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

K&L Gates LLP on

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Williams Mullen

Institutions of Higher Education Face Increased Exposure to False Claims Act Violations

Williams Mullen on

On May 19, 2025, the Department of Justice announced the establishment of a Civil Rights Fraud Initiative, created to enforce the False Claims Act (FCA) “against those who defraud the United States by taking its money while...more

Alston & Bird

DOJ Civil Rights Fraud Initiative Targets Allegedly Discriminatory Practices by Educational Institutions

Alston & Bird on

The Department of Justice’s Civil Rights Fraud Initiative treats federally funded colleges’ and universities’ DEI programs and other allegedly discriminatory practices as False Claims Act violations. Our Education Team breaks...more

Foley Hoag LLP

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

Foley Hoag LLP on

Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Littler

The Littler Annual Employer Survey Report - May 2025

Littler on

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...more

Parker Poe Adams & Bernstein LLP

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

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The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

Littler

Executive Order Tracker - April 2025

Littler on

Littler's Executive Order Tracker is your go-to resource for staying up to date on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

Fox Rothschild LLP on

The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Perkins Coie

Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

Perkins Coie on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...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

Alston & Bird

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Alston & Bird on

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)....more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Parker Poe Adams & Bernstein LLP

North Carolina Bill Would Prohibit DEI Practices for Range of Employers

Parker Poe Adams & Bernstein LLP on

Employers are fully aware of federal executive orders prohibiting the use of illegal diversity, equity, and inclusion (DEI) policies by federal agencies or federal contractors. State legislatures across the country have...more

CDF Labor Law LLP

EEOC Defines Unlawful DEI

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Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

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On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

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

The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more

ArentFox Schiff

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

ArentFox Schiff on

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in...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

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

TNG Consulting

Why Title VI Training is Necessary Now 

TNG Consulting on

An ATIXA Testimonial by Alexis Piñero-Benson, University of New Hampshire  Following the October 7, 2023, Hamas attack in Israel and the ongoing geopolitical conflict, many colleges and universities witnessed a surge of...more

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