News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Diversity and Inclusion Standards (D&I) Enforcement Actions

Seyfarth Shaw LLP

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

Seyfarth Shaw LLP on

The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’...more

Littler

Senate Committee Questions DOL, EEOC Nominees

Littler on

On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity...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

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

DCI Consulting

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

DCI Consulting on

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

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Littler

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

Littler on

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

FordHarrison on

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

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

Cozen O'Connor

Big Law’s DEI Practices Face Scrutiny by Republican AGs and the EEOC

Cozen O'Connor on

A group of 12 Republican AGs announced that they have sent a letter to multiple law firms (collectively, “law firms”) warning that the law firms’ diversity, equity, and inclusion (DEI) policies and practices may violate state...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

Zuckerman Spaeder LLP on

Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

DCI Consulting on

Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...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

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

Sheppard Mullin Richter & Hampton LLP

New EEOC Guidance Creates DEI Compliance Considerations for Employers

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”), together with the U.S. Department of Justice (“DOJ”), issued a press release cautioning employers against discrimination arising from diversity,...more

Kohrman Jackson & Krantz LLP

EEOC Pronounces Its Position on Diversity, Equity and Inclusion Programs in Response to President Trump's Executive Orders

On the heels of President Trumps Executive Orders signaling the administration’s intent to eliminate diversity, equity and inclusion (DEI) programs in the federal and private sector, the EEOC has issued two technical...more

Epstein Becker & Green

#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law...

This week, we highlight new guidance from the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) on diversity, equity, and inclusion (DEI)-related discrimination. We also examine the Acting EEOC...more

Vorys, Sater, Seymour and Pease LLP

EEOC and DOJ Increase Scrutiny on Employer Diversity, Equity, and Inclusion Programs and Practices

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released two “technical assistance” documents clarifying the Trump Administration’s position on diversity, equity, and inclusion (DEI) in the...more

Perkins Coie

Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

Perkins Coie on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Weintraub Tobin

The DOJ and EEOC Move Forward with Enforcement of the President’s Executive Order 14173 (the “Anti-DEI Order”)

Weintraub Tobin on

Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

Conn Maciel Carey LLP on

The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

K&L Gates LLP

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

K&L Gates LLP on

On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices...more

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

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