News & Analysis as of

Reverse Discrimination Diversity and Inclusion Standards (D&I) Students for Fair Admissions v Harvard College

Morrison & Foerster LLP

2024 State AGs Year in Review - UPDATED 4/1/25

In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

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A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

Nilan Johnson Lewis PA

Reverse Discrimination and Pay Equity

Nilan Johnson Lewis PA on

Employers have seen a significant increase in reverse race and gender discrimination claims over the last four years. White and male employees are arguing that employer efforts to address historic race and gender inequities...more

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more

Paul Hastings LLP

SCOTUS to Review Standard for Pursuit of Title VII Reverse Discrimination Cases

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Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - August 2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Constangy, Brooks, Smith & Prophete, LLP

Missouri sues IBM over alleged diversity quotas

State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

Jenner & Block on

On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...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

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

(ACOEL) | American College of Environmental...

What’s All the Chatter About? Does the Supreme Court’s Harvard Opinion Really Endanger Environmental Justice Priorities?

As so many of my professional circles eagerly awaited the Supreme Court’s decision in Students for Fair Admissions v. Harvard (the Harvard Decision), they wondered what it might mean for the Biden administration’s...more

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