News & Analysis as of

Civil Rights Act Employment Discrimination

Holland & Knight LLP

Trump Administration Seeks to Stop Federal Enforcement of Disparate Impact Liability

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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

FordHarrison

Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump)

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On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....more

Littler

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

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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

Troutman Pepper Locke

President Trump Issues Executive Order to Eliminate Disparate Impact Analysis

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President Donald J. Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order aims to eliminate the use of disparate impact liability in all contexts, emphasizing the importance of...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Equality of Opportunity and Meritocracy (Trump EO Tracker)

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads...more

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

President Trump Signs Executive Order Seeking to End Disparate Impact Discrimination

On April 23, 2025, President Donald Trump issued an executive order (EO) calling for an end to disparate impact liability for discrimination and ordering federal enforcement agencies to stop enforcement of antidiscrimination...more

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

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

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On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

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Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Venable LLP

No Risk, No Reward: Steps an Employer Can Take to Conduct an Effective Pay Audit Without Creating Greater Risk for Their...

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Back in 2021, survey data from the Society for Human Resource Management reflected that nearly 58 percent of U.S. employers voluntarily conducted pay audits. ...more

DCI Consulting

Job Relatedness and Adverse Impact: What's Legal and What's Not

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The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more

Dinsmore & Shohl LLP

Affinity Groups Potentially Unlawful, According to Recent EEOC and DOJ Guidance

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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected characteristics, including race and sex. However, Title VII does not define Diversity, Equity and Inclusion (“DEI”) in the...more

McGlinchey Stafford

Podcast: Sexual Misconduct and Safer Seas: What Merchant Mariners Need to Know [More with McGlinchey, Ep. 78]

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In this installment of the More with McGlinchey Podcast, labor and employment attorney Susan Desmond and maritime attorney Marcelle Mouledoux discuss the Safer Seas Act and Title VII requirements for the marine industry. They...more

Miller Nash LLP

Are EEO-1, EEO-4, and EEO-5 Statements Required to Be Filed for 2024? And Other Pending Questions…

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Various Equal Employment Opportunity (EEO) reports have been required since 1966, based on the landmark Civil Rights Act of 1964 that prohibited discrimination on the basis of sex, race, color, national origin, and religion....more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Womble Bond Dickinson

How to Remain Compliant: Navigating the Post-Affirmative Action Landscape for Federal Contractors

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On January 21, 2025, President Trump issued an Executive Order targeting diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs. Among other things, Executive Order 14173...more

K&L Gates LLP

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

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On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

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The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

Cozen O'Connor

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

Cozen O'Connor on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While...more

Quarles & Brady LLP

EEOC and Justice Department Issue New DEI Guidance For Employers

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The Equal Employment Opportunity Commission (“EEOC”) and U.S. Department of Justice (“DOJ”) are the latest federal agencies to weigh in on the Trump Administration’s efforts to crack down on unlawful Diversity, Equity, and...more

Harris Beach Murtha PLLC

New EEOC Guidance Advises on Acceptable Workplace DEI Practices

The EEOC and Department of Justice have weighed in on DEI in the workplace. In two guidance documents, the Equal Employment Opportunity Commission (“EEOC”) presented its stance for employers to steer clear of illegal...more

Frantz Ward LLP

EEOC and DOJ Issue Joint Guidance Regarding DEI-Related Discrimination in the Workplace

Frantz Ward LLP on

On March 19th, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint technical assistance document titled: “What to Do if You Experience Discrimination Related to DEI at Work.”...more

Patterson Belknap Webb & Tyler LLP

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,...more

Benesch

Recent Guidance from the EEOC Targets DEI. So How Should Employers React?

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The Equal Employment Opportunity Commission (“EEOC”) and the Department of Justice (“DOJ”), two federal agencies responsible for policing discrimination in the workplace, recently issued informal guidance outlining what could...more

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