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First Amendment › Race Discrimination › Civil Rights Act

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Venable LLP

Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know

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The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers....more

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

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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

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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

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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

Baker Donelson

Court Blocks VC Firm from Issuing Grants to Black Women-Owned Businesses

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Recently, the United States Court of Appeals for the Eleventh Circuit (the Court) held in Am. All. for Equal Rts. v. Fearless Fund Mgmt., LLC (Fearless Fund) that the Fearless Strivers Grant Contest (the Contest), a startup...more

Poyner Spruill LLP

Eleventh Circuit Decision Generates Further Concern in Diversity Initiatives

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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

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

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

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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

Lowenstein Sandler LLP

Fearless Fund Litigation Update – What Nonprofits and Other Private Actors Should Know

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On June 3, 2024, a divided U.S. Court of Appeals for the Eleventh Circuit issued a decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, No. 23-13138 (11th Cir., June 3, 2024) (“Fearless Fund”)...more

Patterson Belknap Webb & Tyler LLP

Fearless Fund Decision May Impact Race-Based Grantmaking

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On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in...more

Mintz

Eleventh Circuit Rules Corporate Grant Contest for Black Women Is Racially Discriminatory and Violates U.S. Constitution

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On Monday, June 3, 2024, the Eleventh Circuit of Appeals held that the “Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women” was “substantially unlikely to...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Davis Wright Tremaine LLP

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

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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

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

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

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

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

Pillsbury Winthrop Shaw Pittman LLP

Florida “Stop WOKE Act” Enacted to Restrict DEI Initiatives by Employers, Associations, and Certification Organizations

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The new Florida expansion of the Florida Civil Rights Act faces an immediate legal challenge. The controversial Stop WOKE Act amends the Florida Civil Rights Act to define certain mandatory DEI programs as prohibited racial...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

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Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Franczek P.C.

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

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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

Jackson Walker

The First Amendment and the Struggle for Black Equality

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In 1976, President Gerald Ford officially recognized February as Black History Month. Many around the nation celebrate this annual occasion by highlighting the achievements of the civil rights movement. But there was a time...more

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