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Reverse Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Court lifts nationwide injunction on Trump’s DEI orders

Government gets a rare win relating to DEI executive orders. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that two of President Trump’s executive orders targeting Diversity, Equity...more

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

EEOC Consolidates Power, Signaling Aggressive, ‘America First’ Agenda Enforcement

In January 2026, through a series of party-line votes, the U.S. Equal Employment Opportunity Commission (EEOC) continued its agency overhaul—revising internal voting procedures, restricting the general counsel’s litigation...more

Constangy, Brooks, Smith & Prophete, LLP

An employer's harassment to-do list for our times

Easiest to-do list ever! As I reported recently, the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers...more

Vorys, Sater, Seymour and Pease LLP

EEOC Chair Encourages White Men to File Workplace Discrimination Charges

We recently highlighted six legal issues for employers to monitor in 2026. Among the issues we highlighted was the current Administration’s continued attention on Diversity, Equity, and Inclusion (DEI), particularly Equal...more

Constangy, Brooks, Smith & Prophete, LLP

Fishy promotion leads to trial on age, reverse race claims

On Monday, a federal judge refused to dismiss a lawsuit alleging age and "reverse" race discrimination. The plaintiff is white and in his late 40s, and he lost out on a promotion to a Black male in his 20s....more

Husch Blackwell LLP

Texas Attorney General Issues Lengthy Anti-DEI Legal Opinion

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On January 19, 2026, the federal Martin Luther King Jr. holiday, Texas Attorney General Ken Paxton issued a lengthy opinion titled “Diversity, Equity, and Inclusion in Texas,” addressing the legality of Diversity, Equity, and...more

Keating Muething & Klekamp PLL

The EEOC’s Renewed Focus on Employer DEI Programs in 2026

The Equal Employment Opportunity Commission (EEOC) has eliminated any remaining uncertainty about its 2026 enforcement priorities regarding diversity, equity, and inclusion programs....more

Thompson Coburn LLP

Higher Education Litigation Summary: January 2026

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We are pleased to share the new 2026 edition of Thompson Coburn’s Higher Education Litigation Summary, your resource for timely legal updates on key rulings and ongoing cases shaping the higher education sector. ...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2025

Even if you read them at the time, you’ll want to read them again. In 2025, organizations faced significant developments in the areas of immigration, workplace policies, federal enforcement, and data privacy. ...more

Constangy, Brooks, Smith & Prophete, LLP

Texas Attorney General issues anti-DEI opinion

Texas Attorney General Ken Paxton (R) issued an Opinion titled “‘Diversity, Equity, and Inclusion’ in Texas” on the Martin Luther King, Jr. holiday. In the 74-page Opinion, AG Paxton takes aim at DEI policies and initiatives...more

Offit Kurman

The EEOC’s New Posture on DEI Under Chair Andrea Lucas: What Executives and Corporate Counsel Need to Know

Offit Kurman on

The landscape of workplace civil rights enforcement is shifting — and fast. With Andrea Lucas now serving as Chair of the U.S. Equal Employment Opportunity Commission (EEOC), organizations should expect a markedly different...more

Husch Blackwell LLP

Civil Rights Fraud Investigations of DEI Programs Have Begun

Husch Blackwell LLP on

On May 19, 2025, the Department of Justice (“DOJ”) announced its Civil Rights Fraud Initiative (the “CRFI”). As discussed in our post related to that announcement, the CRFI mobilizes federal, state, and local law enforcement...more

Constangy, Brooks, Smith & Prophete, LLP

Feds sue Minnesota for discrimination in hiring

DOJ follows through on warning about “illegal DEI.” The U.S. Department of Justice filed suit against the State of Minnesota, alleging that the state’s hiring laws discriminate on the basis of race and sex. The...more

Constangy, Brooks, Smith & Prophete, LLP

4 employment law shorts for the long weekend

The feds are hopping! I’ll keep this short so you can get to your long weekend. There have been four hot developments in employment law. Here’s the scoop: No. 1: "Are you or a loved one a white male? Call now for a...more

Whiteford

Employment Law Update: Tra-La-La-La-Lawsuit: Is Your Anti-Harassment Training Unlawful?

Whiteford on

Holiday-season anti-harassment trainings can backfire. A recent Second Circuit (which covers New York, Vermont and Connecticut) decision underscores that when workplace training content crosses the line into essentialist,...more

Kelley Drye & Warren LLP

Labor & Employment Law Roundup: 2025 in Review and 2026 Outlook, Part 1 of 2

As 2025 comes to a close, the new year offers an opportunity to take a look back at the trends and developments that have shaped labor and employment law over the past year, and what it might indicate about the landscape in...more

Holland & Knight LLP

Back in Business: EEOC's Restored Quorum Explained and a Look Forward to 2026

Holland & Knight LLP on

The restored quorum of the U.S. Equal Employment Opportunity Commission (EEOC) signals a return to heightened enforcement activity in 2026. With a quorum in place and Andrea Lucas as chair, the EEOC is positioned to issue new...more

Lathrop GPM

Key 2025 Employment Discrimination Law Updates

Lathrop GPM on

This year, White House Executive Orders, federal agency guidance, court decisions and other legal developments have had consequential impacts for employers and businesses. With the end of 2025 quickly approaching, this alert...more

Jackson Lewis P.C.

DEI Challenge Hits State Small Business Credit Initiative, Threatens Funding Opportunities

Jackson Lewis P.C. on

A lawsuit filed in the U.S. District Court for the Eastern District of Louisiana by Revier Technologies, Inc. and Young America Foundation (YAF) on Nov. 17, 2025, would impact those portions of the State Small Business Credit...more

Ballard Spahr LLP

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for...

Ballard Spahr LLP on

On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The...more

Epstein Becker & Green

EEOC Escalates Enforcement Against DEI Policies

Epstein Becker & Green on

On November 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it was asking a federal court to compel a private employer to disclose details about its diversity, equity, and inclusion (DEI)...more

Jackson Lewis P.C.

New EEOC Guidance Aligns with DOL’s H-1B ‘Project Firewall,’ Stresses Foreign Worker Preferences Can Be a Form of ‘National...

Jackson Lewis P.C. on

While not promulgating any new policies, this latest guidance emphasizes what EEOC sees as anti-American bias in employment practices, aligning closely with Project Firewall’s objective of prioritizing U.S. workers through...more

Bradley Arant Boult Cummings LLP

EEOC and DOL Address National Origin Discrimination and Anti-American Bias

Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias....more

Whiteford

Employment Law Update: EEOC Issues New Guidance on Discrimination Against American Workers

Whiteford on

On November 19, 2025, the Equal Employment Opportunity Commission issued an advisory Guidance titled “Discrimination Against American Workers is Against the Law.” The new Guidance emphasizes that Title VII of the Civil Rights...more

Keating Muething & Klekamp PLL

EEOC Takes Aim at Perceived Anti-American Bias

In November 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document titled “Discrimination Against American Workers Is Against the Law” and updated its webpage on the topic....more

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