March 20, 2025
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Category: Affirmative Action and Diversity

EEOC Publishes First Guidance on DEI-Related Discrimination in the Workplace

The Equal Employment Opportunity Commission on March 19 published two documents addressing how workplace practices related to diversity, equity, and inclusion (DEI) may violate Title VII of the Civil Rights Act. The first document — entitled “What To Do If You Experience Discrimination Related to DEI at Work” — aimed at individuals who might have experienced DEI-related discrimination. The second...
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March 20, 2025
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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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March 18, 2025
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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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February 25, 2025
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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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February 13, 2025
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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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February 10, 2025
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Category: Affirmative Action and Diversity

Trump Administration Faces First Legal Challenge on Pair of Diversity Executive Orders

Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare...
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January 27, 2025
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Category: Affirmative Action and Diversity

Acting Secretary of Labor Micone Orders OFCCP To Halt All E.O. 11246 Investigations

Acting Labor Secretary Vincent Micone has ordered DOL personnel to cease all enforcement activities under rescinded Executive Order 11246 and to pause enforcement activities under VEVRAA and Section 503 of the Rehabilitation Act of 1973 pending further guidance. Secretary’s Order 03-2025, issued January 24, 2025, covers “all pending cases, conciliation agreements, investigations, complaints, and any other enforcement-related or investigative activity.”...
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January 23, 2025
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Category: Affirmative Action and Diversity

President Trump Rescinds Dozens of Executive Orders on First Day in Office

On his first day in office, President Trump issued an Executive Order (E.O.) rescinding more than 60 E.O.s issued by President Biden. Two of the rescinded E.O.s regulated federal contractors: E.O. 14055, which required successor contractors under the Service Contract Act (SCA) to offer jobs to a predecessor contractor’s employees; and E.O. 14069, which directed contracting agencies to consider requiring contractors to...
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January 23, 2025
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Category: Affirmative Action and Diversity

President Trump Rescinds E.O. 11246

President Trump has issued a new Executive Order formally rescinding Executive Order 11246 and directing the Office of Federal Contract Compliance Programs (OFCCP) to cease holding federal contractors responsible for taking affirmative action. Executive Order 11246 was signed by President Johnson in 1965, and prohibits covered federal contractors from discriminating in employment on the basis of race and sex, among...
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December 19, 2024
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Category: Affirmative Action and Diversity

Federal Appeals Court Vacates Nasdaq’s Board Diversity Rules

A federal appeals court has vacated the Nasdaq stock market’s rule requiring Nasdaq-listed companies to disclose diversity data for their boards of directors. In 2021, the Securities and Exchange Commission approved Nasdaq’s proposal to require most Nasdaq-listed companies to have at least one female and one minority/LGBTQ board member or explain their lack of diversity. The rule also required covered companies to...
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