The Equal Employment Opportunity Commission (EEOC) released a technical-assistance document, “Discrimination Against American Workers Is Against the Law,” emphasizing that Title VII protects American workers from national origin discrimination. While Title VII has long prohibited national origin discrimination broadly, including against Americans, this guidance is consistent with the stated priority of Andrea Lucas, Chair of the EEOC, to target Anti-American national origin bias and the steps the Trump administration has taken to increase the financial cost of procuring H-1B visas.
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 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.
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