#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more
On May 19, 2025, the U.S. Department of Justice (DOJ) unveiled the Civil Rights Fraud Initiative, a new enforcement strategy aimed at leveraging the False Claims Act to hold colleges, universities, government contractors, and...more
On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more
According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more
The United States Department of Justice recently announced that it would begin “vigorous enforcement” of the False Claims Act against recipients of federal funds for their use of diversity, equity and inclusion programs. The...more
Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False...more
On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more
On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (order). The order declares disparate impact theory to be “wholly inconsistent with the...more
On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more
On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more
Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list...more
On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more
As public school districts continue to navigate the relationship between local policies and federal government policy initiatives, they have a new topic to consider arising out of an April 24, 2025, Executive...more
President Donald Trump on April 23, 2025, issued an executive order (EO) titled "Restoring Equality of Opportunity and Meritocracy," mandating the cessation of federal enforcement of the "disparate impact" theory of...more
On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...more
On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more
In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs...more
On April 3, 2025, the U.S. Department of Education (USDOE) sent a letter to state education agencies (SEAs) requiring them to certify compliance with federal civil rights laws, including Title VI of the Civil Rights Act of...more
Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities. ...more
The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal...more
On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more
On April 3, 2025, the United States Department of Education (DOE) announced its intention to require state education agencies (SEAs) and school districts to certify that they are in compliance with Title VI of the 1964 Civil...more
Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more
It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more