Compliance Stuff

Although there is no common definition of workplace diversity, equity, and inclusion (“DEI”), these programs can generally be characterized as falling into two groups—those that are inclusive and those that are exclusive in that they confer benefits on individuals based on their membership in a particular protected category . Examples of the latter include scholarships, mentorship, and other similar programs that are available only to members of a certain protected class.   In a profound shift, both types of DEI programs in the United States are being challenged. Employers find themselves at a crossroads: how to continue advancing principles of diversity and inclusion while navigating the heightened legal risk and compliance challenges arising out of this new legal environment.   Legal Standard Federal employment discrimination law rests on a principle of individual equality. Title VII of the Civil Rights Act of 1964 prohibits employers from making employment decisions “becaus...

This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously regarded as permissible, a shift that demands careful navigation by employers. On February 4, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a motion in the U.S. District Court for the Eastern District of Missouri to enforce the administrative subpoena issued in its investigation of Nike, Inc. (“Nike”), for alleged discrimination against white employees and applicants related to Nike’s Diversity and Inclusion (D&I) practices. The administrative subpoena arises out of Commissioner Andrea Lucas’ Charge (“Charge”) against Nike on May 24, 2024, alleging a pattern and practice of intentional discrimination, and alternatively, discrimination based on disparate impact theory. Among the documents attached as exhibits to the EEOC’s Motion to Enforce...

On October 30, 2025, the U.S. District Court for the Northern District of Illinois denied the government’s motion to narrow—and partially stay—the court’s April 14, 2025,  preliminary injunction  barring the U.S. Department of Labor (DOL) from enforcing  Executive Order (EO) 14173’s  “Certification Provision” against any DOL grantee or contractor. The court held, despite the Supreme Court of the United States’ caution in  Trump v. CASA, Inc.  against universal injunctions, that a n injunction against DOL-wide enforcement of the executive order that tackles diversity, equity, and inclusion (DEI) initiatives is necessary to provide complete relief to the plaintiff, Chicago Women in Trades (CWIT), and to prevent a pervasive chilling effect on free speech and conduct rights protected by the First Amendment to the U.S. Constitution. Quick Hits An Illinois federal judge refused to limit a preliminary injunction blocking the enforcement of a provision in President...

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued  new guidance  directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion (DEI) programs must fully comply with federal civil rights laws, including Title VI, Title VII, Title IX (limited to educational institutions) and the Equal Protection Clause (limited to governments and their agencies) . The AG emphasized that practices involving preferential treatment based on protected characteristics (such as race, sex, or national origin) are unlawful unless narrowly tailored to meet specific legal standards, which are rarely satisfied outside of court-ordered remedies. The guidance warns against using protected traits directly or indirectly in hiring, promotion, scholarships, or training programs; segregating individuals by race or sex for access to opportunities, resources, and training; and implementing “diverse slate” requiremen...

GovDocs’ Webinar  Employment Law Shifts: First 120 Days of Trump Administration  tackles several of the notable employment law changes initiated by President Trump’s Second Administration. As stated by Presenter Jana Bjorklund, GovDocs Senior Counsel and Director, the Trump Administration has been “wildly busy” over the last four months, and much of it has been directed towards employment law.    In the webinar, Bjorklund identifies several key employment law shifts – including DEI, disparate impact liability, and federal contractor compliance – and discusses how these changes impact employers. Diversity, Equity, and Inclusion   There should be no surprise to employers that DEI has been a “hot button” since the start of Trump’s second term, as indicated by Bjorklund . Notably, she discusses two executive orders signed by President Trump earlier this year that had immediate impact to DEI:  Executive Order 14151 – Ending Radical and Wasteful Government DEI Pr...