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Category: Affirmative Action and Diversity

EEOC Acting Chair Probes DEI Practices of 20 Law Firms

EEOC Acting Chair Andrea Lucas has launched a probe of DEI practices at major law firms. On March 17, she sent letters to 20 firms and established an email address through which whistleblowers can report potentially unlawful activity. The letters ask the firms to supply information about their DEI-related employment practices and express Lucas’s concern that they may entail disparate...
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Category: Agency Enforcement

Fourth Circuit Permits Trump Administration To Resume Enforcing E.O. 14173

The Trump Administration can require contractors and grant recipients to certify that they do not operate any illegal diversity, equity, and inclusion programs, a federal appeals court ruled March 14. The order from the U.S. Court of Appeals for the Fourth Circuit effectively reverses a preliminary injunction that the U.S. District Court for the District of Maryland issued February 21....
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Category: Agency Enforcement

Senate Confirms Lori Chavez-DeRemer To Be Next Secretary of Labor

The U.S. Senate recently confirmed two of President Trump’s nominees for top posts at the Department of Labor. On March 10, it confirmed former Oregon Representative Lori Chavez-DeRemer as the Secretary of Labor in a 67 to 32 vote. On March 12, it confirmed former EEOC Commissioner Keith Sonderling as the Deputy Secretary of Labor in a 53 to 46...
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Category: Agency Enforcement

EEOC To Target Anti-American Bias

The Equal Employment Opportunity Commission will prioritize national origin discrimination claims against employers that illegally prefer non-American workers, EEOC Acting Chair Andrea Lucas announced February 19. EEOC’s new focus is on American workers who are victims of national origin discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin. The agency’s definition of “American”...
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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Category: Agency Enforcement

White House Restricts the Power of Independent Agencies

President Trump signed an executive order February 18 that will sharply limit the autonomy of independent federal agencies, such as the NLRB. The E.O., entitled “Ensuring Accountability for All Agencies,” seeks to control independent agencies by: Subjecting their regulatory activity and strategic plans to review by the White House Office of Management and Budget; Establishing performance standards for independent agency heads;...
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Category: Agency Enforcement

EEOC Signals It Won’t Pursue Claims of Gender Identity Discrimination

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers. Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that Harmony violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s...
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Category: Affirmative Action and Diversity

Enforcement of E.O. 14173 Begins

The Trump Administration has wasted no time in beginning to enforce Executive Order 14173, which instructs all federal agencies to enforce civil rights laws and combat illegal private sector diversity, equity, and inclusion activities. The Federal Communications Commission has launched an investigation into the DEI practices of Comcast Corporation and NBCUniversal. The FCC selected Comcast for review because of “substantial...
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Category: Agency Enforcement

Michael Schloss Appointed as OFCCP’s Deputy Director of Policy and Acting Director

The Trump Administration has appointed Michael Schloss as the Deputy Director of Policy and Acting Director at the Office of Federal Contract Compliance Programs (OFCCP). Mr. Schloss is an ERISA attorney who previously served as a career official at the Labor Department’s Employee Benefits Security Administration (EBSA). He retired in January 2023 as EBSA’s Director of Enforcement. He rejoined EBSA...
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Category: Agency Enforcement

Trump Administration Sets Its Sights on Immigration Policy Reform

The Trump Administration is cracking down on illegal immigration and is eager to enforce immigration policies and deport unauthorized individuals. President Trump issued numerous immigration-related executive orders during his first week in office. Most relate to securing the United States’ southern border and are not directed at employers or employees. However, companies are reporting raids by Immigration and Customs Enforcement at...

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