Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… Continue Reading
On March 26, 2026, President Trump signed Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of executive actions targeting DEI practices in the federal contracting space. This latest Executive Order requires federal contractors and subcontractors to affirmatively agree to not participate in “racially discriminatory” activities or risk legal and financial consequences.… Continue Reading
Fortune 500 companies recently received an important message from the U.S. Equal Employment Opportunity Commission: review your diversity, equity, and inclusion initiatives carefully.
On February 26, 2026, EEOC Chair Andrea Lucas sent a letter to the board chairs, chief executive officers, and general counsel of Fortune 500 companies reminding them of their obligations under Title VII of the Civil Rights Act of 1964.… Continue Reading
Two cases involving challenges to the Trump Administration’s Executive Orders on Diversity, Equity, and Inclusion (DEI) are making waves in the federal appellate courts—each raising fundamental questions about the scope and legality of the Administration’s policy direction.
Fourth Circuit: Lifted Injunction
On February 6, 2026, the Fourth Circuit Court of Appeals reversed a district court injunction that had blocked enforcement of President Trump’s Executive Orders targeting DEI in federal funding.… Continue Reading
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading
The City of Seattle recently succeeded in securing a partial injunction against the Trump Administration’s enforcement of two executive orders (EOs) under which the Administration threatened to withhold millions in federal grant funding to the City. Judge Barbara J. Rothstein’s decision in the Western District of Washington, if upheld on appeal, has significant implications for federal grant recipients and the conditions that may be imposed on federal funding related to diversity, equity, and inclusion (DEI) and gender issues.… Continue Reading
Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… Continue Reading
The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and that beginning this year, all communications sent to filers will be electronic.… Continue Reading
Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals.
EEOC Withdraws Lawsuits. Aligning with Executive Order 14168 (Jan. 20, 2025) announcing that the federal government will recognize only male/female as the two “immutable biological classifications,” the EEOC has deprioritized transgender discrimination charges and moved to dismiss at least seven lawsuits brought on behalf of transgender employees.… Continue Reading
In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring federal contractors to certify that they do not operate any diversity, equity, or inclusion programs that violate the Trump Administration’s recent Executive Orders (“Certification Provision”).… Continue Reading