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With each presidential change, employers are thrust into a ping-pong match of shifting directives. What was required under one administration may be discouraged or even prohibited under the next administration. As Trump 2.0 completes its first year, business leaders are seeing a rapid recalibration of federal labor and employment priorities. With the White House expected […]
When President Donald Trump issued Executive Order (EO) 14173—“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”—earlier this year, what grabbed headlines was the repeal of EO 11246, which had mandated that federal contractors meeting certain size criteria develop affirmative action plans since 1965. EO 14173 also created two new certifications on the system for award management […]
The U.S. Department of Justice (DOJ) has started investigating federal contractors and grant recipients for allegations that diversity, equity, and inclusion (DEI) programs violate antidiscrimination laws. Background In addition to revoking Executive Order (EO) 11246, President Trump’s January 31, 2025, EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, also added a new certification requirement […]
The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t rise to the level of a pay cut, demotion, or termination. The effects of the Court’s decision were […]
The U.S. Department of Justice (DOJ), Civil Division is sending civil investigative demands (CIDs) to federal contractors seeking information on their diversity, equity, and inclusion (DEI) practices under its authority to investigate False Claims Act (FCA) claims. Flowing from President Trump’s Executive Order 14173, which seeks to limit DEI efforts, the DOJ recently launched the […]
On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This memo directly applies to entities which receive federal funding, such as universities receiving federal grants or federally funded state agencies. In addition, the memo advises that entities […]
It’s no secret that 2025 has seen a dramatic shift in the federal government’s view of the value and legal validity of diversity, equity, and inclusion (DEI) programs and initiatives. The latest guidance from the Department of Justice (DOJ) is directed at recipients of federal funding, but all businesses can use it to learn about […]
Recent guidance from the U.S. Department of Justice (DOJ) on the use of diversity, equity, and inclusion (DEI) initiatives in both employment and other public programs signals a shift in how employers should navigate the choppy waters of federal and state antidiscrimination laws. Shifting Ground on DEI In recent months, businesses have seen several measures—by […]
On February 13, 2025, state attorneys general (AG) from 15 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are […]
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of the Civil Rights Act of 1964. The guidance provides critical direction for employers seeking to implement inclusive workplace policies while ensuring compliance with […]