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Equal Protection › Employer Liability Issues

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

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As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

DirectEmployers Association

DE Talk | Diversity, Equity & Inclusion: Progress Amidst Opposition within Corporate, Political, & Social Spheres

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2024 has brought forth many challenges for diversity and inclusion efforts, and at DirectEmployers’ recent Annual Meeting & Conference, we addressed those setbacks and emphasized the importance of progress amidst opposition....more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

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After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Mayer Brown

Affirmative Action - What Steps can Businesses Take?

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Although there is no explicit regulation or legislation that provides for this, it can be implied under the anti-discrimination laws in Singapore that employers are permitted to take affirmative action in the workplace in...more

McDermott Will & Emery

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Emery on

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....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

Manatt, Phelps & Phillips, LLP

Ninth Circuit to Hear AB 5 Challenge En Banc

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In the latest chapter of the saga of California’s Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause and granted rehearing en banc. ...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

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Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Littler

What could the reform of Germany’s General Equal Treatment Act (AGG) look like?

Littler on

In the coalition agreement of 2021, Germany’s Federal Government had already announced that it intended to “evaluate the General Equal Treatment Act, close protection gaps, improve legal protection and expand the scope of...more

Fisher Phillips

Did Workplace DEI Programs DIE Following the Supreme Court’s Affirmative Action Decision? 6 Steps You Should Take to Ensure...

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It’s been nearly two months since the Supreme Court struck down affirmative action in college admissions – and many employers are still wondering whether their workplace Diversity, Equity & Inclusion programs are still legal...more

Akerman LLP

Navigating the Affirmative Action Prohibition

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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

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

DCI Consulting

[Webinar] Considerations and Practical Takeaways for Employers in Light of the Harvard and UNC Supreme Court Ruling - September...

DCI Consulting on

In June of 2023, the Supreme Court of the United States ruled on the use of affirmative action in higher education admission, leading to increased confusion among employers on how to create and implement legally compliant...more

Butler Snow LLP

Reviewing Workplace DEI Practices in Light of Students for Fair Admissions Ruling

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On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...more

Husch Blackwell LLP

Impact of U.S. Supreme Court's Affirmative Action Decision on Private Employer DEI Programs and Recommendations for Employers

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By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more

Mitratech Holdings, Inc

[Webinar] The Impact of UNC/Harvard Decision on DEIA and Affirmative Action in Employment - August 29th, 12:00 pm CT

Mitratech Holdings, Inc on

Join DCI Consulting Group to learn different rationales for diversity initiatives, how affirmative action and broader DEIA matters coexist in employment, and understand the unintended consequences of DEIA programs that can be...more

Adler Pollock & Sheehan P.C.

A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?

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On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students.  In Students for Fair Admissions, Inc. v. President & Fellows of...more

Foley Hoag LLP

The Impact of the SFFA Decision: Lessons for Employers

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On June 29, 2023, the Supreme Court issued its highly anticipated decision in SFFA v. Harvard College and SFFA v. University of North Carolina. While the Court’s ruling has fundamentally altered the landscape for higher...more

Cozen O'Connor

Republican and Democratic AGs Write Opposing Letters to Fortune 100 on DEI Programs

Cozen O'Connor on

A group of 13 Republican AGs announced that they had sent a letter to every company on the Fortune 100 list warning that certain workplace diversity policies could be unlawful in light of the U.S. Supreme Court’s recent...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

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On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

McCarter & English, LLP

Supreme Court Invalidates Race-Based Affirmative Action in Higher Education Admissions: What Does That Mean for Private Employers?

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The United States Supreme Court made headlines recently by ruling that colleges and universities may no longer take race into account when making admissions decisions. At a time when the population is growing ever more...more

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