Trump Administration

The disparate impact theory of discrimination—under which a facially neutral policy or practice may be challenged based on its effects rather than direct evidence of discriminatory intent—is facing renewed federal scrutiny under the Trump Administration. Three recent actions from the Department of Justice, the Department of Transportation, and the Department of Labor reflect a narrower federal approach to effects-based civil rights enforcement, and a departure from historic civil rights enforcement under previous administrations.… Continue Reading

Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… Continue Reading

In a 6-3 ruling, the Supreme Court confirmed that independent agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause.  In doing so, the Supreme Court overruled a 91-year-old case restricting the President’s right to remove such officials and opened the door for President Trump to remove other executive agency officials as he wishes.    … Continue Reading

Consistent with the Trump Administration’s longstanding stance on “gender ideology,” several recent legal developments have curtailed or sought to limit LGBTQ rights.  Collectively, these actions reflect a broader trend of renewed efforts to limit LGBTQ protections at the federal and state levels.  Despite these efforts, sexual orientation and gender identity remain protected characteristics under federal and many state and local antidiscrimination laws.… Continue Reading

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

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 February 6, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Notice announcing new minimum wage rates for workers performing work on or in connection with federal contracts covered by the 2014 Obama-era Executive Order 13658, which established a minimum wage for federal contractors and subcontractors. Effective May 11, 2026, the minimum wage for certain federal contracts will be $13.65 per hour for regular employees and $9.55 per hour for tipped employees.… 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

Earlier last month, the Senate confirmed over 100 of President Trump’s nominees en bloc in a 51‑47 party-line vote. The confirmed nominees included Brittany Bull Panuccio as an EEOC Commissioner, Andrew Rogers as Administrator of the DOL’s Wage and Hour Division, Jonathan Berry as Solicitor for the DOL.

EEOC Commissioner Brittany Bull Panuccio

Prior to her May 6, 2025, nomination by President Trump, Panuccio worked as an assistant US Attorney in Florida handling criminal and civil appeals.… Continue Reading