News & Analysis as of June 29, 2025

Anti-Discrimination Policies

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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 +

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

Alston & Bird on 5/23/2025

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

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

Fox Rothschild LLP on 4/9/2025

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

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

ArentFox Schiff on 3/20/2025

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

Why Title VI Training is Necessary Now

TNG Consulting on 3/18/2025

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

Week in Review: Major Announcements from the Department of Education, Challenges to Anti-DEI Actions, Board Member Reinstatement...

Franczek P.C. on 3/11/2025

We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more

Federal Government Contractors May No Longer Have 90 Days to Comply With Trump Administration’s DEI Executive Order

Arnall Golden Gregory LLP on 2/20/2025

GSA FAR Class Deviations - Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, caused immediate confusion for federal government contractors since their...more

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

Snell & Wilmer on 2/20/2025

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

Does Chicago's Municipal Code Make Everyone A Minority?

Allen Matkins on 2/13/2025

Recent posts have discussed a registration statement filed Bally's Chicago, Inc. for an offering that would impose a stockholder qualification based on race, gender and ethnic status. This qualification requirement is...more

Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

Sheppard Mullin Richter & Hampton LLP on 2/11/2025

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights...more

President Trump Revokes Executive Order 11246

Bass, Berry & Sims PLC on 1/23/2025

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Ward and Smith, P.A. on 1/23/2025

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and...more

The DEI Stalemate: Paying the Price for the Wrong Move

Ward and Smith, P.A. on 1/20/2025

In a unique, interactive session that was part of the firm’s annual In-House Counsel seminar, participants evaluated potential DEI outcomes by analyzing three fictional scenarios. With elements pulled from real-life cases,...more

New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination

Robinson+Cole Data Privacy + Security Insider on 1/17/2025

Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently...more

Diversity Matters Newsletter Summer 2024 Edition

Weber Gallagher Simpson Stapleton Fires &... on 8/29/2024

“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where...more

The Fearless Fund Decision: Implications for Corporate Giving and Constitutional Standing

Perkins Coie on 7/22/2024

The U.S. Court of Appeals for the Eleventh Circuit released its much-anticipated follow-up decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, on June 3, 2024. The case has been closely watched by...more

Biden Launches Several Employment Focused Executive Orders

Wiley Rein LLP on 1/22/2021

Within 24-hours of taking office, President Biden issued several Executive Orders (E.O.) impacting employers and rolling back his predecessor’s policies, including a sweeping order implementing the U.S. Supreme Court’s...more

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