DEI

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

In response to President Trump’s Executive Orders taking action against “illegal DEI” programs, individual federal agencies have begun incorporating certification requirements into grant programs, including the General Services Administration (“GSA”).  On January 28, 2026, the GSA announced for public comment its intent to issue a new certification that recipients of federal financial assistance must sign as a condition of receiving federal funds.… 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

Recent remarks from Trump Administration senior officials signal an expanding federal focus on diversity, equity, and inclusion (DEI) initiatives—particularly where they intersect with corporate hiring, promotion, and compensation decisions.

DOJ Elevates DEI-Related FCA Investigations to “Expedited Priority Treatment”

At the February 19, 2026 annual qui tam conference hosted by the Federal Bar Association, a Department of Justice (DOJ) official emphasized that investigations into DEI-related employment practices are “receiving expedited priority treatment.”… 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

Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not discriminate based on race, color, national origin, sex, religion, or other protected characteristics, according to the latest guidance issued by the Department of Justice.… Continue Reading

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

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

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