DEI

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Takeaways

  • DEI programs that involve quotas, restrict participation, or employ diversity-based selection criteria face heightened legal risk.
  • Employers may need to revisit DEI training content to avoid claims of discrimination or hostile work environments.
  • Proactive compliance reviews in 2025 can help employers reduce litigation and enforcement exposure heading into 2026.

As 2025 comes to a close, all U.S. employers face several important legislative and regulatory updates that reshape the workplace landscape heading into 2026, related to changes in federal law. A summary of such important updates applicable to all employers is provided below:Continue Reading 2025–2026 Federal Labor & Employment Law Update: EEOC and DOJ Signal Heightened Scrutiny of DEI Programs

Takeaways

  • The U.S. Supreme Court rejected a heightened standard for reverse discrimination claims under Title VII.
  • This decision, combined with Muldrow, lowers the bar for employees to bring discrimination lawsuits.

On June 5, 2025, the U.S. Supreme Court (“SCOTUS”) issued a unanimous decision in Ames v. Ohio Department of Youth Services, which rejected a heightened standard for pursuing reverse discrimination claims under Title VII. Ames filed a lawsuit under Title VII alleging that she was discriminated against for being heterosexual when she was denied a promotion and then demoted in favor of homosexual coworkers. Ames applied for a newly created and open position within the Ohio Department of Your Services (“ODYS”). Not only did Ames not receive the job, she was subsequently demoted to her prior position with a reduced salary. The ODYS hired a lesbian woman for the position Ames sought. It then hired a gay man to replace Ames in her program leadership position after she had been demoted.Continue Reading Reverse Discrimination Claims Are Easier To Pursue After SCOTUS Decision

Takeaways

  • President Trump issued a record-breaking number of executive orders in his first 100 days, many of which significantly impact labor and employment law.
  • New DEI-related executive orders require employers—particularly federal contractors—to certify compliance with anti-discrimination laws and may trigger increased scrutiny of hiring practices.
  • Federal agencies are moving away from the “disparate impact” theory of liability, signaling potential shifts in how employment discrimination cases are litigated and defended.
  • Leadership changes at the EEOC and NLRB have left both agencies without quorums, limiting their ability to enact new rules or pursue major litigation.

On November 5, 2024, President Donald J. Trump achieved something that many did not think possible when he was elected to a second, non-consecutive term to be the President of the United States. In his campaign, President Trump promised to reshape the federal government and aggressively influence and change many areas of law with executive action. Subsequently, President Trump has issued a flurry of executive orders (“EOs”) that cover a multitude of legal, administrative, and other areas of law. One area in which the EOs have had a direct impact is in the labor and employment field.

Since President Trump took his second oath of office, he signed and implemented more than 140 EOs in the first 100 days of his presidency—a number that eclipses all previous records, including former President Franklin Delano Roosevelt’s record of 99 EOs in the first 100 days set in 1933. Many of President Trump’s EOs are still in effect, while other of these second-term EOs are facing numerous challenges in the U.S. federal court system.

Below is a summary of the most impactful EOs issued during President Trump’s first 100 days in office related to labor and employment law, along with a brief analysis on how they may impact private employers, companies, and individual workers in the employment sphere. All private employers and their human resource teams should familiarize themselves with these changes to ensure compliance with applicable federal laws, in addition to any additional U.S. local or state laws.Continue Reading The First 100 Days of President Trump’s Second Presidency: Re-Shaping Federal Employment Policies

Since inauguration, the Trump Administration has targeted Diversity, Equity, and Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs across both public and private sectors. The administration’s stated goal is to eliminate what it describes as unlawful employment and contracting practices in the public and private sectors.Continue Reading Navigating the New Framework: Strategies for Compliance Amid the New Administration’s DEI Rollbacks