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Supreme Court of the United States › Executive Orders › Employment Discrimination

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

Paul Hastings LLP on

On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

Ballard Spahr LLP on

Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Epstein Becker & Green

Disparate Impact Liability Under Fire

Epstein Becker & Green on

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

Frost Brown Todd

EEOC Lectures Employers About Unlawful DEI-Related Discrimination

Frost Brown Todd on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents (“Guidance”) regarding employer diversity, equity, and inclusion (DEI) policies, programs, and practices, and how...more

Vedder Price

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

Vedder Price on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

Davis Wright Tremaine LLP on

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

FordHarrison

Pam Bondi's Memo to DOJ on DEI: What it Means for Private Employers

FordHarrison on

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and...more

Adams & Reese

The Future of DEI Under Trump’s Second Administration

Adams & Reese on

Every time a new President is elected, we employment lawyers write an article of some version of “What to Expect.” Many of my colleagues have written excellent articles on this topic, and the Trump administration has given us...more

Baker Donelson

Unpacking the U.S. Attorney General's "Ending Illegal DEI and DEIA Discrimination Preferences" Memo

Baker Donelson on

The U.S. Attorney General's Office issued a Memorandum, on February 5, 2025, to the employees of the U.S. Department of Justice (DOJ) directing the DOJ Civil Rights Division to "investigate, eliminate, and penalize illegal...more

Brownstein Hyatt Farber Schreck

Bondi: DOJ Will Investigate Private-Sector DEI

Brownstein Hyatt Farber Schreck on

Recently confirmed U.S. Attorney General Pam Bondi sent a slew of memos to Department of Justice (DOJ) attorneys laying out new DOJ policies and priorities on Wednesday evening. Among them is a memo targeting diversity,...more

Brooks Pierce

U.S. Attorney General’s Office Issues DEI Memo to DOJ Employees

Brooks Pierce on

On February 5, 2025, the newly sworn U.S. Attorney General, Pamela Bondi, issued a Memorandum to U.S. Department of Justice (DOJ) Employees entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Holland & Knight LLP

Executive Order: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Holland & Knight LLP on

Date Issued: Jan. 20, 2025 This executive order directs federal agencies and federal employees to interpret "sex" solely as an immutable binary biological classification determined at conception. The order also requires...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Bradley Arant Boult Cummings LLP on

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

Offit Kurman on

On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal...

Sheppard Mullin Richter & Hampton LLP on

On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

Best Best & Krieger LLP on

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

Proskauer - Law and the Workplace

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

Proskauer - Law and the Workplace on

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Skadden, Arps, Slate, Meagher & Flom LLP on

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

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