News & Analysis as of

Civil Rights Act Title VI Anti-Discrimination Policies

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

Bowditch & Dewey on

On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

Husch Blackwell LLP

OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

Husch Blackwell LLP on

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment,...more

King & Spalding

Louisiana Seeks Vacatur of EPA Regulations Imposing Disparate Impact Requirements; 23 States Petition EPA to Amend Title VI of the...

King & Spalding on

A hallmark of the Biden Administration’s approach to environmental justice has been using preexisting authorities to advance its agenda, none more so than Title VI of the Civil Rights Act. That approach now faces several...more

Bowditch & Dewey

OCR Provides Examples of Discrimination Based on Shared Ancestry – Colleges Take Note!

Bowditch & Dewey on

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more

Goldberg Segalla

Attorneys General from 23 States Petition to End EPA's Use of Disparate Impact In Regulating Pollution

Goldberg Segalla on

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition,...more

Rumberger | Kirk

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

Rumberger | Kirk on

Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

King & Spalding on

Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Justice: U.S. Department of Justice and Alabama Department of Health Enter into Interim Resolution Agreement

The United States Department of Justice and United States Department of Health and Human Services (collectively “DOJ”) announced on May 4th they have entered into an Interim Resolution Agreement (“IRA”) with the Alabama...more

Proskauer Rose LLP

How Employers Can Prep for CROWN Act Legislation

Proskauer Rose LLP on

Since 2019, community leaders, organizations, and lawmakers have influenced a movement to introduce legislation—at all levels of government—that prohibits workplace discrimination based upon hairstyle and hair texture. ...more

Rumberger | Kirk

Recent U.S. Supreme Court Decision Alters the Scope of Recoverable Damages Under Anti-Discrimination Statutes Enacted under the...

Rumberger | Kirk on

The Supreme Court of the United States recently held in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), that damages for emotional distress are not recoverable in actions seeking to enforce the...more

Ward and Smith, P.A.

Environmental Justice 101: Leveling the Playing Field in the Permitting Process

Ward and Smith, P.A. on

The concept of "environmental justice" (or "EJ" among environmental practitioners) is not new.  It developed in response to the inordinate number of industrial facilities and contaminated sites located near...more

Vinson & Elkins LLP

2021 Environmental Justice Trends – Heightened Emphasis on Environmental Justice and Civil Rights Signals Significant Changes for...

Vinson & Elkins LLP on

The concept of “environmental justice” (“EJ”) is not new—the federal government has been working to define and address environmental justice and related human health and environmental effects since the Clinton administration....more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Franczek P.C.

Facts and Fiction: The Truth About the Trump Administration’s Executive Order on Anti-Semitism

Franczek P.C. on

On December 11, 2019, President Donald Trump signed an executive order declaring his administration’s commitment to enforcing federal racial anti-discrimination provisions against discrimination “rooted in anti-Semitism.”...more

Baker Donelson

HHS Issues Final Rule on the ACA's Anti-Discrimination Provisions

Baker Donelson on

On May 18, 2016, the Department of Health and Human Services (HHS) issued a final rule (the Rule) implementing the prohibition on discrimination under Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits...more

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