News & Analysis as of

Employee Training Diversity and Inclusion Standards (D&I)

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

Constangy, Brooks, Smith & Prophete, LLP

Back to School: 3 Essential Employee Trainings

Back to school season isn't just for the kids! Employee and management trainings are an essential tool for keeping your workplace running smoothly and compliant with employment, cybersecurity, and data privacy laws. In this...more

Littler

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

Littler on

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has...more

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Husch Blackwell LLP

Bill Introduced by J.D. Vance Would Seek to “Dismantle” All Federal DEI Programs

Husch Blackwell LLP on

While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or...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

Constangy, Brooks, Smith & Prophete, LLP

Another battle in the war against DEI

A bill to "dismantle" DEI was introduced in Congress. Two Senate Republicans introduced a bill that, if passed, would effectively eliminate diversity, equity, and inclusion in the federal government. The bill is...more

Cole Schotz

Practical Tips for Employers Seeking to Create or Expand Workplace DEI Programs

Cole Schotz on

Almost all decision makers at companies can agree that having the right people for the job is paramount to running a successful operation. Many of these decisionmakers believe that having a robust and legally compliant DEI...more

Constangy, Brooks, Smith & Prophete, LLP

Five ways to ensure your workplace is inclusive for transgender employees

Employers are increasingly focusing on Diversity, Equity, and Inclusion, but DEI policies and practices often overlook issues relating to gender identity. This blog post provides suggestions for helping to ensure that...more

Weintraub Tobin

A California Workplace Checklist for Pride Month

Weintraub Tobin on

It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices...more

Littler

A Look at the Proliferation of New Legislation Addressing IE&D Across the Country

Littler on

Over the last two years, starting even before the Supreme Court’s decision regarding affirmative action in June 2023, there has been a noticeable uptick in bills introduced in state legislatures restricting inclusion, equity,...more

Whiteford

Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?

Whiteford on

This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...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

Mintz

Office of the Level Playing Field

Mintz on

The recent New York Times piece about the efforts of some organizations to “rebrand” Diversity, Equity, and Inclusion (DEI) initiatives to avoid ensnaring those programs in some recent state statutory training bans is a...more

Butler Snow LLP

‘Divisive Concepts’ and DEI Offices In Alabama State Agencies

Butler Snow LLP on

Alabama enacted Act 2024-34 on March 20, 2024, prohibiting state agencies, local boards of education, and public institutions of higher education, from engaging in specific actions related to “divisive concepts.” (the “Act”)....more

Mitratech Holdings, Inc

How HR Leaders Can Get The Most Out Of Shrinking Budgets

As HR leaders navigate a business world where ROI is more important than ever, they must adapt to keep up. One crucial element remains at the forefront: the HR budget....more

Littler

Kentucky Takes Aim at “WOKE” in Higher Ed

Littler on

On March 14, 2024, a bill to restrict diversity, equity, and inclusion (DEI) practices in Kentucky’s public universities cleared the House by a vote of 68-18.  Senate Bill 6 (An Act Relating to Postsecondary Institutions) is...more

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

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Morgan Lewis

Courts Issue Three Significant DEI Decisions

Morgan Lewis on

Last week, three federal courts issued significant decisions impacting the diversity, equity, and inclusion (DEI) legal landscape. Together, the cases demonstrate the rapidly evolving state of the law with respect to DEI....more

Littler

Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

Littler on

Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to...more

Rumberger | Kirk

Stop Woke Act Stopped by the Eleventh Circuit Court of Appeals…For Now

Rumberger | Kirk on

Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court - On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking...more

Fisher Phillips

Florida’s “Stop WOKE” Act Struck Down on Appeal: What Employers Need to Know

Fisher Phillips on

A recent federal appeals court decision likely puts an end to a two-year battle impacting Florida employers and their workplace diversity, equity, and inclusion training. The 11th U.S. Circuit Court of Appeals ruled on March...more

FordHarrison

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

FordHarrison on

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of...more

Bradley Arant Boult Cummings LLP

11th Circuit Puts to Sleep Florida Anti-Woke Law Prohibiting Certain Workplace Training

You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that...more

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