On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and Inclusion (“DEI”) in the context of workplace discrimination: “What You Should Know About DEI-Related Discrimination at Work” and “What To
Fourth Circuit Temporarily Allows DEI-Related EOs to Continue
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held that the Government had not
U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case
On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher burden—namely, showing supporting “background circumstances”—in establishing a prima facie case of discrimination under Title
DEI in the Spotlight: Wage and Hour Implications
With the nation’s heightened focus on DEI programs and policies, U.S. employers should carefully evaluate the legal risks associated with their DEI-related wage and hour practices.
Many employers across a broad range of industries—including financial services, technology, media, healthcare, retail, and professional services—utilize compensation-related incentives to support their DEI efforts. Practices that are likely