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Diversity and Inclusion Standards (D&I) Fourteenth Amendment

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

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

Bricker Graydon LLP

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

Bricker Graydon LLP on

On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

Husch Blackwell LLP on

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

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

DEI Under Scrutiny, Part XI: Fifth Circuit Reconsiders Nasdaq’s Board Diversity Rule

The U.S. Court of Appeals for the Fifth Circuit will likely weigh in soon on the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rule that will require listed companies to disclose...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Spring 2024 Edition

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The...more

McGlinchey Stafford

Florida’s Stop WOKE Act Put on Ice: What This Means for DEI Initiatives

McGlinchey Stafford on

Governor Ron DeSantis made headlines in 2022 when he signed into law several bills intended to curb a “woke agenda” from “taking over our schools and workplaces.” One of these bills, Stop the Wrongs to Our Kids and Employers...more

Jones Day

It's Time for a Fresh Look at DEI Metrics in Executive Compensation

Jones Day on

The Background: It is estimated that over 84 percent of companies in the S&P 1500 use some form of "social" metric when determining their executives' incentive compensation. Many of these social metrics set forth diversity,...more

Davis Wright Tremaine LLP

Project W - Diversity, Equity, and Inclusion: Charting a Path Forward

With the recent spate of legal challenges against DEI initiatives, business leaders are being forced to balance their commitment to principles of diversity, equity, and inclusion with the risk of costly and time-consuming...more

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

New Texas Law Prohibiting Institutions of Higher Education From Establishing or Maintaining DEI Offices Is Now Effective

Effective January 1, 2024, a new Texas law prohibits public institutions of higher education from, among other things, establishing or maintaining diversity, equity, and inclusion (DEI) offices or hiring or assigning...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Cole Schotz

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

BCLP on

A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

Robinson Bradshaw

The Supreme Court’s SFFA Decision: Impacts on Corporate DEI Initiatives

Robinson Bradshaw on

On June 29, the Supreme Court struck down Harvard and UNC’s race-conscious admissions programs with a precedential holding that effectively ends affirmative action in the education context. Though the Students for Fair...more

Akerman LLP

Navigating the Affirmative Action Prohibition

Akerman LLP on

The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Proskauer Rose LLP

Implications of U.S. Supreme Court Decision Overturning Affirmative Action Precedent in Higher Education

Proskauer Rose LLP on

On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more

Epstein Becker & Green

#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This...

Epstein Becker & Green on

This week, we’re focused on how the U.S. Supreme Court’s Students for Fair Admissions (SFFA) ruling could impact workplace diversity efforts: Diversity, equity, and inclusion (DEI) investment has been a strong strategy for...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

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

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more

Williams Mullen

The Future of Employer-Sponsored Voluntary DEI Programs After Students for Fair Admissions, Inc. v. President and Fellows of...

Williams Mullen on

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, et al., the U.S. Supreme Court ruled that the admissions practices used by Harvard University and the University of North Carolina, which...more

Kelley Drye & Warren LLP

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy....more

Cranfill Sumner LLP

After Supreme Court’s Affirmative Action Decision, Attorneys General Set Their Sights on Employment DEI Programs

Cranfill Sumner LLP on

The Supreme Court issued a major decision at the end of June when it outlawed affirmative action for colleges in Students for Fair Admissions v. President & Fellows of Harvard College (“SFFA”).  The Court based its decision...more

FordHarrison

Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

FordHarrison on

Executive Summary: On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v....more

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