The 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 MoreIn recent months, the Trump administration has issued a series of Executive Orders, many of which may have vast implications for employment policies and procedures. Recently, the Trump administration issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy” (“EO”) targeting disparate impact liability as “all but requir[ing] individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability”. This alert summarizes the potential impact of this EO for employers.
Read MoreThe first few days of the Trump Administration have resulted in a flurry of Executive Orders, including a number of orders focused on Diversity, Equity, and Inclusion (“DEI”) initiatives. These orders impact both the federal and private sectors. While many open questions remain, this alert summarizes the orders which are most relevant to private sector employers.
Read MoreOn April 17, 2024, the Supreme Court of the United States issued its opinion in Muldrow v. City of St. Louis, holding that an employee need not show that their transfer to a different role caused a “significant” employment disadvantage to sustain a claim under Title VII.
Read MoreWe previously reported that Mayor Eric Adams signed an ordinance that amended the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against individuals based on their actual or perceived height and weight. This ordinance took effect at the end of November. The NYC Commission on Human Rights (“NYCCHR”) is drafting rules related to this prohibition, which are expected to be released in the first quarter of 2024. In the interim, employers should look to the FAQS recently published by the NYCCHR concerning this ordinance.
Read MoreOn May 11, 2023, the New York City Council approved an ordinance that would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against individuals based on their actual or perceived height and weight. It is expected that Mayor Adams will sign this ordinance.
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