Compliance Stuff

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued  technical assistance materials  on diversity, equity, and inclusion initiatives, including one document titled  “What to Do if You Experience Discrimination Related to DEI at Work,”  and another titled  “What You Should Know About DEI-Related Discrimination at Work.” Employers with DEI programs will want to review both documents and determine whether they need to make any adjustments to avoid legal challenges. Meanwhile, here are seven quick (and, in my opinion, very helpful) tips from the materials: Tip No. 1: Title VII of the Civil Rights Act of 1964 applies to all employees, male and female, "majority" and minority.   One big issue  before the U.S. Supreme Court right now  is whether “reverse” discrimination plaintiffs have a more stringent burden of proof than plaintiffs who are women claiming sex discrimination, or members of minor...

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 DEIA Discrimination and Preferences.”  In it, AG Bondi states that the DOJ will “investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds.”   As a legal basis for such action, AG Bondi cites to the Supreme Court’s decision in  Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll. , 600 U.S. 181, 206 (2023), which held that the college and university Defendants’ affirmative action programs violated the promises of equal protection under the U.S. Constitution.  Despite the case not directly applying to Title VII, the quote relied upon by AG Bondi from that case is “eliminating r...

  On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney General Pam Bondi released a memorandum furthering the policy initiatives behind Trump’s Executive Order. Companies are now assessing their potential risk given the new administration’s clear policy to eliminate what it is referring to as “anti-discrimination” initiatives both within the federal government and private sector. Companies are likewise determining what they can do proactively to avoid becoming targets. This article explains why having an adequate compliance program, specifically a strong internal reporting mechanism is a key piece of that puzzle. Under his January 21, 2025 Ending Illegal Discrimination and Restoring Merit-Based Opportunity Order, Trump: orders all executive departments and agencies to end illegal private-sector DEI preferences, ...