Diversity, Equity, and Inclusion (DEI) initiatives are facing unprecedented challenges. From the rise in reverse discrimination claims to the coordinated legal and political attacks on both public and private DEI programs—particularly in the wake of the Students for Fair Admissions v. Harvard (SFFA) decision—and now the implications of the recent Trump administration Executive Orders, organizations must navigate an increasingly uncertain landscape.… Continue Reading
Department of Education Confirms Return to Trump Administration’s 2020 Title IX Rule
On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the 2020 Rule), rather than the Biden-era regulations (the 2024 Rule). The reinstated 2020 Rule, inter alia, limits Title IX sexual harassment claims to those based on sex assigned at birth.… Continue Reading
Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
In this podcast episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.’s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of their race conscious admission policies. We’ll consider the potential implications across multiple settings, from university admissions policies, to workplace and other DEI programs.… Continue Reading
Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs
The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3 majority opinion authored by Chief Justice John Roberts, held that the race-conscious admissions programs at Harvard and the University of North Carolina (UNC) violate federal law.… Continue Reading
Podcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services Industry
In this podcast episode we cover diversity, equity, and inclusion in the Consumer Financial Services industry. Dee Spagnuolo, a partner in Ballard Spahr’s White Collar Group moderates the discussion, joined by Brian Pedrow, a partner in the firm’s Labor and Employment Group. Dee and Brian are co-leaders of the firm’s DEI Counseling Team.… Continue Reading
Title IX Roundup: DOJ Memo Protects LGBTQ+ Students, DOE Launches Reg. Review
The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April 5, 2021, the DOJ released a three-page memorandum (the Memorandum) confirming that Title IX prohibits discrimination on the basis of sexual orientation and gender identity in educational settings, adopting the Supreme Court’s reasoning from the landmark Title VII case, Bostock v.… Continue Reading
FDIC Encourages Participation with the Financial Institution Diversity Self-Assessment
On March 15, 2021, the FDIC’s Office of Minority and Women Inclusion (OMWI) released a Financial Institution Letter regarding diversity self-assessments. In accordance with Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the FDIC is calling on its supervised institutions with 100 or more employees to submit voluntary self-assessments of their diversity policies and practices.… Continue Reading