News & Analysis as of

Diversity First Amendment

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Foster Swift Collins & Smith

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion...more

Littler

11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

Littler on

On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the...more

Poyner Spruill LLP

Eleventh Circuit Decision Generates Further Concern in Diversity Initiatives

Poyner Spruill LLP on

On Monday, June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit held that a contest providing venture-capital funding to only Black women was substantially likely to violate section 1981 of the Civil Rights Act of...more

WilmerHale

Eleventh Circuit Temporarily Blocks Fearless Fund Grant Program For Black Women-Owned Businesses

WilmerHale on

On June 3, 2024, the Eleventh Circuit authorized a preliminary injunction in American Alliance for Equal Rights v. Fearless Fund Management, LLC et al., ruling that a grant contest that awards funding and mentorship...more

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

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts black-only grants program

Chief Justice Roberts did say, "eliminating race discrimination means eliminating all of it." The United States Court of Appeals for the Eleventh Circuit ruled that a grant program -- which is available only to black females...more

Littler

Littler Lightbulb: March Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is...

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The...more

Husch Blackwell LLP

Federal Appeals Court Rules That Florida’s STOP W.O.K.E. Act is Unconstitutional

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In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act is unconstitutional. The court noted that Florida’s defense of the law’s...more

Fisher Phillips

Florida’s “Stop WOKE” Act Struck Down on Appeal: What Employers Need to Know

Fisher Phillips on

A recent federal appeals court decision likely puts an end to a two-year battle impacting Florida employers and their workplace diversity, equity, and inclusion training. The 11th U.S. Circuit Court of Appeals ruled on March...more

Proskauer - Corporate Defense and Disputes

Eleventh Circuit Affirms Injunction Against Florida Statute Concerning Mandatory Diversity Training

The U.S. Court of Appeals for the Eleventh Circuit affirmed an injunction against enforcement of portions of Florida’s “anti-woke” law, which prohibits employers from requiring employees to attend training sessions or other...more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

BCLP on

A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board...more

Bricker Graydon LLP

[Webinar] DEI, Free Speech and Academic Freedom (Higher Education Series) - February 7th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

The limits of First Amendment protections and principles of academic freedom in higher education institutions seem to be shifting. What are the DEI-related trends on campus? How are lower courts handling First Amendment and...more

Davis Wright Tremaine LLP

Ban on Affirmative Action: Implications, Risks, and Strategies for the Charitable Sector

A pair of recent U.S. Supreme Court cases regarding college admissions standards has potentially wide-ranging implications for all nonprofit organizations that use race as a consideration in their programs. In Students for...more

Holtzman Vogel Baran Torchinsky & Josefiak

Holtzman Vogel Supreme Court Review, October Term 2022

By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...more

Jenner & Block

Client Alert: State Legislators Target Diversity Statements in Latest Effort to Dismantle DEI Initiatives

Jenner & Block on

As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more

Allen Matkins

California Bill Would Require Some Advisers To Venture Capital Firms To File Diversity Reports, But What About Preemption?

Allen Matkins on

As I discussed in this post from earlier this month, SB 54 would have required institutional investors, securities and real estate brokers, and others to report diversity status of startup founding teams.  The bill has since...more

Cozen O'Connor

Court of Appeals Hears Oral Arguments in Case Challenging Nasdaq’s Board Diversity Rules

Cozen O'Connor on

On August 29, 2022, the Fifth Circuit Court of Appeals heard oral arguments in a case against the Securities and Exchange Commission (SEC) seeking to invalidate Nasdaq’s board diversity rules which were initially proposed by...more

Constangy, Brooks, Smith & Prophete, LLP

Awareness, Awokeness, And Affirmative Action

When you think about diversity, equity, and inclusion, you may think about racial disparities in policing, criminal justice reform, gender wage gaps, or even statements by major corporations, politicians, or celebrities. Or...more

Husch Blackwell LLP

Federal Judge Bars Enforcement Of EO Related To Diversity Training

Husch Blackwell LLP on

Key Points: • The Court imposed a nationwide preliminary injunction on federal government agencies barring the federal government from taking any action intended to effectuate or enforce the provisions of §§ 4 and 5 of...more

DirectEmployers Association

OFCCP Week In Review: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

DirectEmployers Association

EO 13950 Imploded Even Before Biden Could Cancel it

RECAP - U.S. District Court Preliminarily Enjoined EO 13950 Ban on “Divisive” D&I Training - OFCCP Canceled Announced Focused Reviews on D&I - OFCCP Has Also Stopped EO 13950 Complaint Investigations...more

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