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Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Bradley Arant Boult Cummings LLP on

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Dentons

Ep. 58 – Addressing Potential Discrimination in Patient Care Decision Support Tools

Dentons on

Effective May 1, 2025, the Section 1557 regulations require covered healthcare providers to take reasonable steps by May 1, 2025, to identify and mitigate the risk of discrimination when they use AI and other emergency...more

Ballard Spahr LLP

Section 1557: Deadlines Approach, But Long-Term Prognosis Unclear Under Executive Orders

Ballard Spahr LLP on

Section 1557 of the Affordable Care Act mandates nondiscrimination in health care programs managed or funded by the Department of Health and Human Services (HHS), with upcoming deadlines for compliance set for May and July...more

Offit Kurman

Navigating the Unique Challenges of LGBTQ Divorces in a Changing Legal Landscape

Offit Kurman on

The legalization of same-sex marriage in the United States in 2015 with the landmark Obergefell v. Hodges decision marked a monumental step toward equality. However, the journey does not end with marriage; LGBTQ couples face...more

Bradley Arant Boult Cummings LLP

Idaho Joins the De-Banking Ban Wave

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Starting July 1, 2025, Idaho will subject financial institutions with total assets over a certain threshold to new restrictions under the Transparency in Financial Services Act. The law follows a growing trend among states...more

K&L Gates LLP

Recent and Emerging Employment Law Changes Impacting Australian Employers

K&L Gates LLP on

Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

Fox Rothschild LLP on

The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Allen Matkins

Intentionally Discriminatory Public Offering Stalled At The SEC

Allen Matkins on

In this February post, I pondered the question of whether an issuer could allocate shares on the basis of race, gender or ethnicity.  That post was inspired by the case of  Glennon v. Johnson, U.S. Dist. Ct. Case No....more

Venable LLP

An Independent School's Guide to Evaluating Federal Financial Assistance

Venable LLP on

Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more

Perkins Coie

Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

Perkins Coie on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Tarter Krinsky & Drogin LLP

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

Tarter Krinsky & Drogin LLP on

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on

The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Alston & Bird

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Alston & Bird on

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)....more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter (February 2025)

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

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

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Parker Poe Adams & Bernstein LLP

North Carolina Bill Would Prohibit DEI Practices for Range of Employers

Parker Poe Adams & Bernstein LLP on

Employers are fully aware of federal executive orders prohibiting the use of illegal diversity, equity, and inclusion (DEI) policies by federal agencies or federal contractors. State legislatures across the country have...more

CDF Labor Law LLP

EEOC Defines Unlawful DEI

CDF Labor Law LLP on

Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

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On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

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

Federal Agencies Target Universities Amid Antisemitism Allegations

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

The federal government recently revoked all grants and contracts with Columbia University, citing “illegal protests” and antisemitism on campus....more

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

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

The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more

ArentFox Schiff

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

ArentFox Schiff on

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in...more

McDermott Will & Emery

Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs

McDermott Will & Emery on

On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs)...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

TNG Consulting

Why Title VI Training is Necessary Now 

TNG Consulting on

An ATIXA Testimonial by Alexis Piñero-Benson, University of New Hampshire  Following the October 7, 2023, Hamas attack in Israel and the ongoing geopolitical conflict, many colleges and universities witnessed a surge of...more

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