On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.… Continue Reading
Court Permanently Blocks DOL from Enforcing DEI Certification Provisions
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
Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions
On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and grant recipients to certify that they do not operate any diversity, equity, and inclusion (DEI) programs that violate the Trump Administration’s recent DEI related Executive Orders.… Continue Reading
American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial Discrimination
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
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
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