News & Analysis as of

Diversity and Inclusion Standards (D&I) Affirmative Action

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

DLA Piper on

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

Ice Miller on

At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

Seyfarth Shaw LLP

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

Seyfarth Shaw LLP on

On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and...more

Fisher Phillips

Trump Administration Asks Federal Contractors to Share Affirmative Action “Wind Down” Efforts: What Should You Do?

Fisher Phillips on

Back in January, President Trump unraveled key affirmative action requirements for federal contractors and barred “illegal” DEI programs. Now federal contractors have been asked to voluntarily share how they’ve adjusted their...more

Seyfarth Shaw LLP

OFCCP Issues Invitation to Voluntarily Report Efforts to Comply with Executive Order 14173

Seyfarth Shaw LLP on

Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

Cooley LLP on

There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...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

Mintz - Employment Viewpoints

“Reverse Discrimination” Cases Subject to Same Evidentiary Standard Says Supreme Court

Can members of a majority group be subject to a heightened pleading standard for their Title VII discrimination claims? The United States Supreme Court answered this question with a unanimous “no” in Ames v. Ohio Department...more

Foley Hoag LLP

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Foley Hoag LLP on

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required...more

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

Williams Mullen on

On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

Troutman Pepper Locke on

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

WilmerHale

Ames v. Ohio Department of Youth Services: SCOTUS Simplifies Reverse Discrimination Claims

WilmerHale on

As widely expected, the Supreme Court’s June 5, 2025 decision in Ames v. Ohio Department of Youth Services confirmed that a plaintiff alleging employment discrimination under Title VII cannot be held to a different,...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Wiley Rein LLP

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

Wiley Rein LLP on

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

Stevens & Lee on

On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

Troutman Pepper Locke

The False Claims Act Enters the School Zone

Troutman Pepper Locke on

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Morrison & Foerster LLP

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims...more

ArentFox Schiff

DOJ Announces Plan to Use the FCA to Tackle DEI

ArentFox Schiff on

On May 19, the US Department of Justice (DOJ) announced a novel use of the False Claims Act (FCA) to enforce Trump Administration policies against antisemitism, gender identity and expression, and diversity, equity, and...more

Patterson Belknap Webb & Tyler LLP

Trump Administration Announces False Claims Act Investigation Into Harvard

On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...more

Wiley Rein LLP

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

Wiley Rein LLP on

On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more

458 Results
 / 
View per page
Page: of 19

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide