News & Analysis as of

Unconstitutional Condition Diversity and Inclusion Standards (D&I)

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

Cozen O'Connor on

A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

Woods Rogers

Understanding the New DEI Executive Order: What's the Tea in L&E?

Woods Rogers on

Breaking News: On February 21, 2025, a Judge issued partial injunction on Trump’s DEI Executive Orders, temporarily staying the aspects of the order that direct agencies to terminate equity-related grants and contracts, that...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

Mintz

Eleventh Circuit Rules Corporate Grant Contest for Black Women Is Racially Discriminatory and Violates U.S. Constitution

Mintz on

On Monday, June 3, 2024, the Eleventh Circuit of Appeals held that the “Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women” was “substantially unlikely to...more

Jenner & Block

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v....

Jenner & Block on

On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...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

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

Troutman Pepper Locke

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper Locke on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

Pillsbury Winthrop Shaw Pittman LLP

Universities Prepare for End of Affirmative Action

Schools are developing strategies now for maintaining campus diversity if the Supreme Court bars consideration of race in admissions. Many experts believe that the Supreme Court will hold that Harvard and UNC’s...more

Mintz - Securities & Capital Markets...

California Board Diversity Statute Unconstitutional

On April 1, 2022, the Los Angeles County Superior Court granted summary judgment in favor of the plaintiff in Crest v. Padilla, a case challenging the constitutionality of Section 301.4 of the California Corporations Code, a...more

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