The 2026 DEI Executive Order recently issued by the White House imposes new obligations on federal contractors and subcontractors, to prevent “artificial” and “unnecessary” DEI program costs from being passed on to the government in federal courts. It limits the definition of racially discriminatory DEI activities to employment decisions, contracting activities such as vendor agreements
Fair is Foul: Inside the EEOC’s Sweeping Subpoena in the Nike DEI Pattern or Practice Discrimination Investigation—and What Employers Should Know
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.
Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?
Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating against an employee that posted a series of Bible verses on social media that the Snowpark considered discriminatory against the LGBTQ+ community.
EEOC Scrutinizes Vaccine Mandates: Continued Rise of Religious Accommodation Claims
The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain in the Equal Employment Opportunity Commission’s (EEOC) crosshairs. The EEOC’s settlement with Infinity Rehab, announced on May 20, 2025, demonstrates that decisions made during the pandemic continue to create challenges for employers—and provides important insight into the EEOC’s current enforcement priorities.
Trump Administration Moves to End Disparate Impact Liability
On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift for the U.S. Equal Employment Opportunity Commission’s (EEOC) enforcement approach. In the EO, the White House directed all agencies to “deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability.” The EO asserted the administration’s stance that disparate impact liability is unlawful, violates our Constitution, and “threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream.”
EEOC Technical Assistance Documents on DEI Programs Increase Pressure on Employers
On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC) and the DOJ. The stated purpose of the technical assistance is to encourage whistleblowers to file discrimination charges with the EEOC relating to unlawful diversity, equity, and inclusion (DEI) programs or practices or, in the case of state and local government employees, with the Department of Justice. It provides employees with instructions on how and where to file a claim of DEI related discrimination, along with descriptions of the types of DEI-related programs and activities that may constitute unlawful DEI under the current Administration’s policies. For employers, the technical guidance offers insight into the types of DEI activities that will be targeted by the Administration.
Creating Inclusive Work Environments for Native American and Indigenous Employees: Harmful Terminology to Keep Out of the Modern Workplace
In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. This Native American Heritage Month, employers should consider abandoning the following words and phrases, and encourage their employees to do the same, in an effort to embrace more inclusive work environments, and mitigate the risk of discrimination claims brought by indigenous members of their workforce.
FTC Non-Compete Ban Enjoined Nationwide
Late yesterday, August 20, 2024, a Federal Court in Texas issued a decision which enjoins – on a nationwide basis – the FTC’s final rule which would effectively ban all non-competes with limited exceptions. While we expect the FTC to appeal this decision, the rule will not go into effect on September 4, 2024, or
Turning Over a New Leaf: Ho-Chunk Nation Decriminalizes Cannabis
A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s Ho-Chunk, are following suit. As of April 30, the Ho-Chunk tribal legislature voted to decriminalize cannabis on its tribal lands. Yet, as the Drug Enforcement Administration (DEA) advances the rescheduling of cannabis under the Controlled Substances Act, complex jurisdictional questions remain regarding the enforcement of cannabis laws at the tribal and state levels. Among them, as of 2024, can tribes legalize cannabis use and sale on their own lands?
State Attorneys General Clash Over the Legality of DEI Initiatives
From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs remain a contentious issue in U.S. politics. In June 2024, attorneys general from 40 states joined one of two dueling letters, reflecting the inconsistent sentiments on this topic across state lines.