News & Analysis as of

Environmental Social & Governance (ESG) Civil Rights Act

Proskauer - Corporate Defense and Disputes

Ohio Federal Court Holds White Litigant Lacked Standing to Challenge Contest Providing Funding for Black-Owned Businesses

A federal District Court in Ohio recently ruled that a white litigant did not have standing to assert a discrimination claim against a contest that had provided grants to Black-owned businesses. The decision in Roberts v....more

Miles & Stockbridge P.C.

Highlights from the 2024 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 22nd annual Hot Topics in Employment Law seminar April 11 to clients from throughout Maryland and beyond....more

Jones Day

It's Time for a Fresh Look at DEI Metrics in Executive Compensation

Jones Day on

The Background: It is estimated that over 84 percent of companies in the S&P 1500 use some form of "social" metric when determining their executives' incentive compensation. Many of these social metrics set forth diversity,...more

Mintz

Merit, Unmasked

Mintz on

The ESG-DEI discussion continues to elicit shareholder interest, at least according to a recent report from The Conference Board about the upcoming proxy season. The report focuses on the political bent underpinning some...more

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

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

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

DEI Under Scrutiny, Part III: High Court Wades Into Questions of Whether Title VII Sex Discrimination Requires Material Harm

During recent oral arguments in a case that could shift the balance in employment discrimination cases and impact employer diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives,...more

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

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

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Foley & Lardner LLP

Caution Advised: Use of DEI Performance Goals in Incentive Compensation

Foley & Lardner LLP on

Recent court decisions have ruled that certain race-based college admissions programs violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. While these decisions do not apply directly to...more

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

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Lowenstein Sandler LLP

Trends in White Collar Crime Enforcement: Looking Back on 2021 and Ahead to 2022

Theranos, Trump Organization, Operation Varsity Blues, DEI, ESG and More: Experts Expect SEC and DOJ Actions to Ramp Up in 2022- 2022 will likely be a lot like 2021, only more so. With most key federal positions filled,...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Justice Legislation Update

Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, and President Clinton’s issuance of Executive Order 12898. This order directed federal agencies to identify and address, as...more

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