News & Analysis as of

Diversity Diversity and Inclusion Standards (D&I) Employment Litigation

Littler

U.S. Employers Expect Significant Impact From Regulatory Shifts on Immigration and Inclusion, Equity & Diversity, Littler Survey...

Littler on

(May 7, 2025) – As U.S. employers adapt to wide-ranging executive orders, sweeping changes at federal agencies and a growing patchwork of state and local regulations, they are bracing for further challenges over the next...more

K&L Gates LLP

What is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments

K&L Gates LLP on

This alert will explore what the federal government may consider to be “illegal DEI” in light of legal challenges to President Trump’s multiple executive orders (EO’s) pertaining to diversity, equity, inclusion, and...more

Ius Laboris

Neuroinclusive Work Environments: Are Employers There Yet?

Ius Laboris on

With a significant rise in diagnoses, it is more important than ever that employers have an understanding and awareness of neurodiversity in the workplace. Below, we explore the perspectives of the UK and Poland in managing...more

McCarter & English, LLP

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity...

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a...more

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

DEI at Stake: Federal Groups Challenge Trump’s Efforts to Curb Inclusivity

The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more

Perkins Coie

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

Perkins Coie on

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2024

As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more

Keating Muething & Klekamp PLL

U.S. Supreme Court to Review Title VII Reverse Discrimination Case

On Oct. 4, 2024, the U.S. Supreme Court granted certiorari to hear Ames v. Ohio Department of Youth Services –a reverse discrimination case from the U.S. Court of Appeals for the Sixth Circuit. The question before the Supreme...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Rejects Employees' Challenge to Equity Training

Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Mintz

[Event] Annual Employment Law Summit - May 15th, San Diego, CA

Mintz on

The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available! This year, we are thrilled to feature Hon. William McCurine as our keynote speaker. The segments this year include:...more

Holland & Hart - Employers' Lawyers

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on

​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers Offering DEI Training Need To Monitor Both Pro- and Anti-DEI Court Challenges and Legislative Proposals

The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more

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

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

A&O Shearman

D&I in FS: Data protection and D&I reporting

A&O Shearman on

The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are consulting on proposals to introduce a new financial services regulatory framework on diversity and inclusion (D&I) in the financial...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Spilman Thomas & Battle, PLLC

Focus on Developing an Inclusive Workplace as Employees Working Separately Becomes Standard

Diversity, equity, and inclusion (“DEI”) initiatives play a critical role in creating and sustaining a high-functioning business with an open flow of creative ideas. As companies continue to adapt to having an increased share...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Payne & Fears

[Virtual Conference] Fear Nothing 2022: Virtual Employment Law Seminar - October 28th, 9:00 am - 3:00 pm PT

Payne & Fears on

Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Payne & Fears

[Virtual Employment Seminar] Fear Nothing 2021: Regular Rate of Pay, Remote Workforce Landmines, COVID Litigation & Workplace...

Payne & Fears on

2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more

Woods Rogers

[Event] 2021 Labor & Employment Law Review & Update - October 6th, Norfolk, VA

Woods Rogers on

A program for CEOs, Managers, In-House Counsel, and Human Resource Professionals. The post-pandemic workplace is full of challenges, both old and new, in the HR realm. Our attorneys will be providing a full day of...more

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