On March 26, 2026, President Trump signed an Executive Order (March EO) titled “Addressing DEI Discrimination by Federal Contractors.” The March EO builds on earlier EOs targeting Diversity, Equity, and Inclusion programs which were issued at the beginning of the second Trump administration in January 2025.
Read MoreAligning with the Trump administration’s recent series of Executive Orders targeting Diversity, Equity, and Inclusion, the Department of Justice recently released a memorandum entitled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” While the guidance is not binding, it is illustrative of the DOJ’s approach to enforcing federal antidiscrimination laws. Employers that receive federal funding should pay particular attention to the guidance, though the guidance document is of note to all employers. The guidance provides a non-exhaustive list of practices that the DOJ views as potentially unlawful, and further details some “best practices” for employers to consider implementing to ensure compliance with federal anti-discrimination laws.
Read MoreIn Ames v. Ohio Department of Youth Services, the Supreme Court of the United States unanimously vacated and remanded the Sixth Circuit’s decision imposing a heightened evidentiary standard on plaintiffs claiming Title VII discrimination that are members of a majority group—in that case, heterosexuals.
Read MoreThe U.S. Department of Justice (“DOJ”) recently announced the creation of the Civil Rights Fraud Initiative (the “Initiative”). The Initiative will use the False Claims Act (“FCA”) to investigate and pursue claims against any recipient of federal funds that “knowingly violates federal civil rights laws,” with a particular emphasis on bringing claims against entities engaging in diversity, equity, and inclusion (“DEI”) practices that may violate federal anti-discrimination laws. This stems from an early Trump Administration Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), which first linked violations of federal anti-discrimination laws with potential enforcement under the FCA.
Read MoreWe have continued to track the rapidly evolving circumstances surrounding the Trump Administration’s Executive Orders targeting diversity, equity, and inclusion (“DEI”) programs. Recent developments include a reported retroactive review of affirmative action plan submissions by federal contractors, and the issuance of a nationwide temporary restraining order that blocks the U.S. Department of Labor from enforcing a certification requirement against grant recipients and federal contractors.
Read MoreYesterday, the Equal Employment Opportunity Commission released two guidance documents focusing on Diversity, Equity, and Inclusion (“DEI”). The first, entitled “What You Should Know About DEI-Related Discrimination at Work” largely applies general standards from Title VII and related case law to DEI programs in a broad sense, with some specific DEI-related practices highlighted. The second guidance document, “What To Do If You Experience Discrimination Related to DEI at Work” was released in conjunction with the Department of Justice and provides similar information, but in a more compact form. These guidance documents are consistent with the Executive Orders issued by the Trump Administration earlier this year regarding “illegal DEI” and confirm that examining DEI programs of private sector employers remains a priority of the administration.
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