On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change comes amidst the Trump Administration’s wider focus away from protecting immigrants and other demographic groups that have been historically viewed as primary targets of discrimination.… Continue Reading
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
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
The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General Counsel William B. Cowen rescinded more than a dozen guidance memoranda that many employers considered to be significantly favorable to unions. … Continue Reading
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 September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. However, on January 28, 2025, President Donald Trump made an unprecedented move by firing Wilcox, the former chair and first Black woman to serve on the Board.… Continue Reading
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day.
New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as Acting General Counsel of the NLRB. This comes on the heels of the President firing former NLRB General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and Acting General Counsel Jessica Rutter.… 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
Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB).
Trump Ousts NLRB Acting General Counsel
Since Inauguration Day, President Donald Trump has worked to reshape the NLRB by firing General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and now acting General Counsel Jessica Rutter.… Continue Reading