Quick Hit: On March 26, 2026, President Trump signed an Executive Order titled “Addressing DEI Discrimination by Federal Contractors” (the “Order”) which mandates the inclusion of a new clause (the “Clause”) in all covered federal contracts and contract-like instruments prohibiting federal contractors from engaging in “racially discriminatory DEI activities.” The Order directs agencies
Discrimination, Harassment and Retaliation
Fourth Circuit Allows DEI-Related Executive Orders to Proceed
By Evandro Gigante, Guy Brenner & Connor Riser on
On February 6, 2026, in National Association of Diversity Officers in Higher Education v. Trump, the U.S. Court of Appeals for the Fourth Circuit vacated a nationwide preliminary injunction that had temporarily blocked key provisions of two Executive Orders issued by President Trump aimed at addressing what it characterized as “illegal” diversity, equity, and…
EEOC Rescinds Biden-Era Enforcement Guidance on Harassment in the Workplace
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) rescinded by vote its April 2024 Enforcement Guidance on Harassment in the Workplace. The rescission eliminated the guidance in full, without a notice and comment period, signaling a landmark recalibration of the EEOC’s approach to harassment enforcement.
As Proskauer previously covered, alongside discussion…
New York State to Restrict Use of Consumer Credit Information in Hiring and Employment
By Allan Bloom & Laura Fant on
Beginning April 18, 2026, New York State employers will be restricted from using an applicant’s or employee’s consumer credit information when making employment-related decisions. S.B. 3072, signed by Governor Kathy Hochul as part of an end-of-year legislative push, will extend statewide credit history protections similar to those already in effect under New York City…