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Debating Politics at Work: From Elections to DEI

Jackson Lewis P.C.·

Politics is a hot topic at any time, especially during an election year when discussions ranging from candidates' qualifications to DEI spill over to the workplace. This prompts employers to think critically about the rules and regulations they implement to maintain a productive and inclusive enviro

What is a “DEI Hire”?

Shaw Law Group, PC·

In this episode, Jen addresses the meaning of the term “DEI hire,” and why it has no place at work (or anywhere else!).

DHS Updates STEM Designated Degree Program List for 24-Month STEM OPT Extensions

Ogletree Deakins·

On July 23, 2024, the U.S. Department of Homeland Security (DHS) added the category of Environmental/Natural Resource Economics (03.0204) as a qualifying field of study to the DHS STEM Designated Degree Program List. DHS did not add or remove any other Classification of Instruction Programs (CIP) co

MYR 2024: Private Sector DEI Initiatives Post ‘Muldrow’ and ‘Students for Fair Admissions’

Jackson Lewis P.C.·

By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a closer look at the recent rules, regulations and rulings affecting employers today, the rest of the year and beyond.

EEOC Commissioner Andrea Lucas Discusses Workplace DEI

Jackson Lewis P.C.·

Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024.

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

Jackson Lewis P.C.·

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA) regulations governing the use of the abortion drug mifepristone in FDA v. Alliance

DEI Under Scrutiny, Part XI: Fifth Circuit Reconsiders Nasdaq’s Board Diversity Rule

Ogletree Deakins·

The U.S. Court of Appeals for the Fifth Circuit will likely weigh in soon on the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rule that will require listed companies to disclose demographic information about their board members, who make key corporate strategy

AG Paxton’s DEI Investigation and 10 DEI Steps to Take

Jackson Lewis P.C.·

What do missing bolts on an airplane door and employer diversity, equity, and inclusion (DEI) programs have in common? Texas Attorney General (AG) Ken Paxton is determined to link the two. Many DEI initiatives are lawful, and the AG’s initiative is a reminder to employers to ensure their DEI program

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

Ogletree Deakins·

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate based on race under 42 U.S.C. Section 1981 (Section 1981). The decision in

Celebrating AANHPI Heritage Month: Finding Community Through the Leadership Council on Legal Diversity

Littler·

In continued celebration of Asian American, Native Hawaiian and Pacific Islander Heritage Month, Littler shareholder Alyesha Asghar speaks with associates Alan Persaud and Grace Waddell about their experience in the Leadership Council on Legal Diversity’s Pathfinders Program and the inclusive commun

A Look at the Proliferation of New Legislation Addressing IE&D Across the Country

Littler·

There has been an explosion of inclusion, equity and diversity-based legislation over the last two years. Since 2023, dozens of “anti-IE&D” bills have been introduced and 12 have become law, attempting to restrict IE&D-related activities. At the same time, several jurisdictions have recently sought

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

Ogletree Deakins·

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendme

Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

Littler·

A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.1 While the court’s decision does not apply to private businesses that may encourage supplier diversity

DEI Under Scrutiny, Part VII: Re-examining the Implementation of ‘Rooney Rule’ Diverse Slate Initiatives

Ogletree Deakins·

The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in the crosshairs of an activist legal group alleging the rule is unlawfully

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial Diversity

Ogletree Deakins·

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving questions over race-neutral policies following the Court’s June 2023 decisi

DEI Under Scrutiny, Part V: Proposed Utah Bill Would Have Extended Restrictions on DEI to Private Employers’ Training Programs

Ogletree Deakins·

States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill recently considered by Utah lawmakers raised concerns for private employers

The Year Ahead 2024: DEI

Jackson Lewis P.C.·

Welcome to We get work™ and The Year Ahead 2024 podcast series.

Littler’s Inclusion, Equity and Diversity C-Suite Survey Report

Littler·

Employers face numerous legal and workplace complexities in managing their inclusion, equity and diversity (IE&D) programs, from the repercussions of the U.S. Supreme Court’s affirmative action decisions to new anti-IE&D state laws and mounting calls for corporate leaders to take a stance on social

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

Ogletree Deakins·

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group need to show additional evidence of discrimination to pursue Title VII emp

DEI Under Scrutiny, Part II: Spotlight on Environmental, Social, and Governance Considerations

Ogletree Deakins·

This article is the second part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States. Part one of the series addressed employer considerations for conducting privileged risk