News & Analysis as of

Diversity and Inclusion Standards (D&I) Equal Employment Opportunity Commission (EEOC) Trump Administration

Bass, Berry & Sims PLC

DOJ’s New Civil Rights Fraud Initiative – The Investigations are Coming!

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On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative (the Civil Rights Fraud Initiative), which will use the federal False Claims Act (FCA) to pursue claims against recipients...more

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

EEOC Acting Director Warns No ‘Diversity Exception’ to Title VII in Announcing EEO-1 Reporting Period Opening

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the platform for employers to submit EEO-1 reports. In doing so, EEOC Acting Director Andrea Lucas warned employers not to use the data to take...more

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more

Littler

Policy Week in Review – May 2025 #2

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House Workforce Protections Subcommittee Holds Hearing on “Reclaiming OSHA’s Mission” - On Thursday, the House Subcommittee on Workforce Protections, chaired by Ryan Mackenzie (R-PA), held a hearing titled “Reclaiming...more

Wiley Rein LLP

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

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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

DCI Consulting

Democracy Forward Files Lawsuit Opposing EEOC’s Law Firm Data Request

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On April 15, 2025, Democracy Forward Foundation, a nonprofit known for litigating cases against the federal government, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC). Democracy Forward filed the...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC may have a quorum soon: 4 things employers can expect

TL;DR: Some big changes. On Tuesday, the Trump Administration nominated Brittany Bull Panuccio to the spot on the U.S. Equal Employment Opportunity Commission that has been vacant since Keith Sonderling’s term expired last...more

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

President Trump Nominates Assistant U.S. Attorney Panuccio to Serve as EEOC Commissioner

In what may provide the U.S. Equal Employment Opportunity Commission (EEOC) the ability to move forward with implementing policy changes, issuing new guidance, and rescinding other guidance, President Donald Trump nominated...more

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

The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more

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

Beltway Buzz - May 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Littler

The First 100 Days of the Second Trump Administration

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President Donald Trump embarked on an aggressive agenda in the first 100 days of his administration, relying largely on executive orders and administrative action that appear designed to test the limit of the executive...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

FordHarrison

All-Female Spaceflight Highlights Ongoing Shifts in DEI Policies

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Last week, the most recent Blue Origin flight went to space. Unlike past voyages, all passengers were female, including a couple of celebrities. Like with anything these days, some hailed it as progress while others...more

CDF Labor Law LLP

Federal Court Puts Brakes on Trump-Era DEI Ban for Contractors: What California Employers Need to Know

CDF Labor Law LLP on

Federal courts continue to navigate the Diversity, Equity, and Inclusion (“DEI”) landscape including Executive Orders targeting DEI. In a recent development last week, U.S. District Judge Matthew Kennelly granted a...more

Goodwin

Trump’s Executive Orders on DEI

Goodwin on

Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more

Poyner Spruill LLP

Former EEOC Officials Issue Response to Acting Director’s Technical Assistance on DEI Programs

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On March 19, 2025, EEOC Acting Chair, Andrea Lucas, issued a technical assistance document entitled “What You Should Know About DEI-Related Discrimination at Work” ( “ DEI Technical Assistance Document 1”). On the same date,...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

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

Mintz - Employment Viewpoints

Practical Policies: Discerning DEI Discrimination

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and...more

Mintz

[Podcast] Practical Policies: Discerning DEI Discrimination

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and...more

Littler

Policy Week in Review – April 2025

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At a Glance - The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior...more

Sheppard Mullin Richter & Hampton LLP

The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in...more

Berkshire

Former EEOC Officials Push Back on EEOC/DOJ Guidance on DEI

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Ten former EEOC officials, including former Chairs, Vice Chairs, Commissioners, General Counsels, and Legal Counsels nominated by Presidents from George W. Bush to Donald Trump, have issued a joint statement about guidance...more

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

Former EEOC Officials Defend DEI Programs in Response to Acting Chair’s Technical Assistance

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

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Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

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