Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI. Underscoring the importance of caution, the…
And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly. Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to…
For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess. That changed yesterday when the EEOC issued guidance clarifying…
Despite two deciding judges expressing support for DEI, the Fourth Circuit unanimously ruled on Friday that two Executive Orders issued by President Trump, which seek to eliminate diversity, equity, and inclusion (DEI) initiatives from federal grant and contract processes, will remain in effect while legal challenges proceed. The Executive Orders claim…
Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be…
Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from…
Yesterday, the Supreme Court heard oral argument in Ames v. Ohio Department of Youth Services, a case where a heterosexual employee claimed her employer discriminated against her in violation of Title VII of the Civil Rights Act of 1964. The key legal question isn’t whether she has a claim but…
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Why the EEOC Filed the Lawsuits In one case filed last June, the EEOC…
Yesterday, I discussed the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace and how a court recently ruled that DEI training is not inherently unlawful. However, that doesn’t mean DEI initiatives can’t cross legal lines. This week, Missouri announced it had filed a lawsuit…
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion,…
