Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include...more
In today's increasingly diverse and interconnected business environment, companies that operate on an international scale have often looked to implement policies – including those relating to diversity, equity, and inclusion...more
On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more
3/6/2025
/ Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
OCR ,
Presidential Appointments ,
Regulatory Reform ,
Title IX ,
Title VI ,
Trump Administration ,
Universities
Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more
2/27/2025
/ Department of Education ,
Discrimination ,
Educational Institutions ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
Gender Identity ,
New Guidance ,
Title IX ,
Transgender ,
Trump Administration
On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more
2/20/2025
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
First Amendment ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
In this client alert, we discuss three week-one executive orders that reflect promises President Trump made on the campaign trail to attack DEI. Below, we summarize the key provisions for the private sector, discuss what...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Trump Administration
As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity,...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Legislative Agendas ,
New Legislation ,
OFCCP ,
Title IX ,
Trump Administration ,
Universities
While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more
1/7/2025
/ Board of Directors ,
Commercial Litigation ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Corporate Executives ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Government Agencies ,
Litigation Strategies ,
Reverse Discrimination ,
Shareholders
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
On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more
4/19/2024
/ Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Split of Authority ,
Title VII
Anti-DEI litigants have zeroed in on the healthcare industry in their growing number of legal challenges to diversity, equity, and inclusion (DEI) initiatives. While some of these challenges began before the U.S. Supreme...more
On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more
On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more
From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more
1/10/2024
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Risk Assessment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more
8/16/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs, the Court agreed to hear a case next Term that...more
7/21/2023
/ Affirmative Action ,
Certiorari ,
Civil Rights Act ,
College Admissions ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more
7/3/2023
/ Bias ,
College Admissions ,
Colleges ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Race Relations ,
Rehabilitation Act ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Universities
In recent years, companies have paid significant attention to corporate board diversity. Many corporations have done so on their own initiative as part of their broader commitment to diversity, equity, and inclusion (DEI),...more