Erik Eisenmann on Diversity and Inclusion Standards (D&I)

EEOC Technical Assistance Documents on DEI Programs Increase Pressure on Employers

On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC)...more

4/7/2025 / Anti-Discrimination Policies , Department of Justice (DOJ) , Diversity and Inclusion Standards (D&I) , Employee Rights , Employer Liability Issues , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Race Discrimination , Title VII , Whistleblowers

Navigating Trump's Executive Order on Affirmative Action and DEI Programs: What Private Employers Need to Know

As our team has previously highlighted, on January 21, 2025, President Donald Trump issued an executive order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity which is likely to have a broad impact...more

1/27/2025 / Affirmative Action , Civil Rights Act , Compliance , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Executive Orders , OFCCP , Title VII , Trump Administration

Creating Inclusive Work Environments for Native American and Indigenous Employees: Harmful Terminology to Keep Out of the Modern...

In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and...more

11/21/2024 / Discrimination , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Harassment , Heritage & Culture , Native American Issues , Wage and Hour

State Attorneys General Clash Over the Legality of DEI Initiatives

From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs...more

8/5/2024 / American Bar Association (ABA) , Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Race Discrimination , State Attorneys General , Students for Fair Admissions v Harvard College , Title VII

Bill Introduced by J.D. Vance Would Seek to “Dismantle” All Federal DEI Programs

While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or...more

7/24/2024 / Best Practices , Diversity and Inclusion Standards (D&I) , Employee Training , Employment Discrimination , Federal Contractors , Federal Employees , Title VII

Cultivating Cultural Sensitivity in the Workplace: Words to Leave Behind in 2024

In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and...more

1/5/2024 / Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Heritage & Culture , Title VII

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

11/3/2023 / Affirmative Action , Civil Rights Act , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Reverse Discrimination , SCOTUS , Title VII

Employment Discrimination in Fitness Centers: How Employers Can Combat Harassment and Create an Inclusive Environment for...

When “Gymtimidation” Turns Into Discrimination- The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age,...more

8/10/2023 / Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , Employment Policies , Gender Discrimination , Race Discrimination

Impact of U.S. Supreme Court's Affirmative Action Decision on Private Employer DEI Programs and Recommendations for Employers

By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more

8/1/2023 / Affirmative Action , Civil Rights Act , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Equal Protection , Hiring & Firing , Race Discrimination , SCOTUS , State Attorneys General , Students for Fair Admissions v Harvard College , Title VII

Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee...more

4/11/2023 / Disparate Treatment , Diversity and Inclusion Standards (D&I) , Employee Retention , Employee Training , Employment Discrimination , Stop Woke Act , Title VII , Wage and Hour

Happy Holidays! For some, or for all? Revamping Your Employee Handbook Holiday Provisions to Ensure Inclusivity.

With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays. The most...more

12/19/2022 / Diversity and Inclusion Standards (D&I) , Employee Handbooks , Heritage & Culture , Holidays , Religious Accommodation

Erik Eisenmann

Husch Blackwell LLP

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