News & Analysis as of

Diversity Free Speech

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

TNG Consulting

[Webinar] Title VI, Islamophobia, Antisemitism, and the Balancing of Rights - August 8th, 2:00 pm ET

TNG Consulting on

Colleges and schools tend to value pluralistic communities that offer rich diversity and varied perspectives. That complex tapestry of backgrounds and life experiences adds dimension, but it can also bring strife between...more

Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on

​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

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

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...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

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

Alston & Bird on

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

Holland & Knight LLP

Fifth Circuit Upholds Nasdaq Board Diversity Rule

Holland & Knight LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq's board diversity rule, which the SEC first approved in August 2021 and was then challenged as unconstitutionally discriminatory and an improper...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

Constangy, Brooks, Smith & Prophete, LLP

Executive Order Prohibiting “Divisive” Training Is Put On Hold

Preliminary injunction stalls bias training order. A federal judge in California has imposed a nationwide injunction prohibiting enforcement of portions of Executive Order 13950. The court’s Order grants a preliminary...more

Jackson Lewis P.C.

Court Order Enjoins Enforcement Of Executive Order Limiting Diversity Training

Jackson Lewis P.C. on

A federal district court has entered a nationwide preliminary injunction stopping the administration from enforcing Executive Order (EO) 13950 - Combating Race and Sex Stereotyping. Santa Cruz Lesbian and Gay Cmty. Ctr., et...more

Constangy, Brooks, Smith & Prophete, LLP

Court Issues Nationwide Injunction On "Anti-Diversity" Training Order

Christmas wish of many comes true! A federal judge in the Northern District of California issued a nationwide preliminary injunction prohibiting the government from from enforcing Executive Order 13950, "Combating Race and...more

Proskauer - Government Contractor Compliance...

LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings

Quick Hit: On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). Like the first lawsuit, this lawsuit...more

Proskauer - Government Contractor Compliance...

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more

Jackson Lewis P.C.

Political Discussions In The Workplace

Jackson Lewis P.C. on

As Election Day nears, employers across the country may be wondering how they can properly address political discussions in the workplace. This article provides employers simple and straightforward strategies for managing...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Parker Poe Adams & Bernstein LLP

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Mintz - Employment Viewpoints

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

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