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
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
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
In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here.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
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
On Monday, January 27, 2025, the acting head of the Office of Management and Budget (“OMB”) issued a memo ordering the pause of all federal financial assistance “that may be implicated” by any of President Trump’s recent barrage of Executive Orders. According to the memo, the freeze encompasses funding for activities including, but not limited to, “foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”… Continue Reading
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
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
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
On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional.
In April 2020, Port Authority began requiring its uniformed employees to wear masks at work. When some employees wore masks bearing political or social-protest messages, Port Authority prohibited such masks out of concern they would disrupt the workplace.… Continue Reading