On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the Creative Capital Foundation—have engaged in racial discrimination by excluding white citizens from benefits and opportunities based on their race. Each complaint requests that the IRS open an investigation into the activities and tax-exempt status of the foundations.… Continue Reading
New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance Framework
On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and enforcement of affirmative action laws for government contractors and subcontractors. Eschbach signaled a shift in the agency’s mission, stating the OFCCP “will restore a merit-based system to provide all workers with equal opportunity.”… Continue Reading
10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The EEOC and the DOJ released a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work,” and the EEOC also released a longer question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work” (collectively, the “Guidance”).… Continue Reading
Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI in Education
Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives. A federal court denied the Trump administration’s motion to stay a preliminary injunction blocking the enforcement of most elements of President Trump’s Executive Orders 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity and 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing (collectively, “the DEI Executive Orders”).… Continue Reading
Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices
Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified on February 21, 2025, when a federal judge in Baltimore issued a nationwide preliminary injunction on enforcement of much of the EO. The ruling comes on the heels of a guidance memo issued earlier this month by 16 Democratic state attorneys general in which the state AGs argue that DEI best practices are not illegal.… Continue Reading
SEPA SHRM Event: The End of DEI As We Know It? DEI Under Attack & the Trump Administration’s Executive Orders
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
New DOJ Memos Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi
Pamela Bondi, the newly sworn in Attorney General at the Department of Justice (DOJ), issued a flurry of memos and directives in her first 24 hours on the job. Building on President Trump’s executive orders related to diversity, equity, and inclusion (DEI), Bondi issued two memos that direct the DOJ’s attention and resources to ending “illegal discrimination and preferences” – (1) Ending Illegal DEI and DEIA Discrimination and Preferences; and (2) Eliminating Internal Discriminatory Practices.… 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
White House Reverses Course on Spending Freeze Order
In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here. The broad scope of the directive suspended all federal financial assistance implicated by President Trump’s recent barrage of Executive Orders, leaving federal funding recipients scrambling to understand the extent of the freeze.… Continue Reading
Trump Administration Retreats from Defense of Two Biden-Era Lawsuits
In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives.
The DOL’s Independent Contractor Rule
On January 24, 2025, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. Department of Labor’s (DOL) request to delay oral arguments set for early February in a lawsuit challenging the Biden administration’s 2024 rule on classifying workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).… Continue Reading