An April 23, 2025 Trump Executive Order seeking to end discrimination protections based on a disparate impact theory of liability takes a multi-pronged approach.  One component of that directs the Attorney General: to seek repeal or amendment of regulations under Title VI for all agencies to the extent they contemplate disparate impact liability; and to…

The first three plus months of the Trump administration have brought successive waves that seek to revoke long established underpinnings of U.S. employment laws protecting individual rights: First it was the revocation of Executive Order 11246 from the Johnson administration, which enacted affirmative action and led to the range of business initiatives known as diversity,…

A new Trump Executive Order issued April 23, 2025, directs federal government agencies to deprioritize consideration of discrimination claims that are predicated on the “disparate impact” of facially neutral policies or actions where there is no direct proof of discriminatory intent.  The Executive Order revokes presidential approvals of select prior regulations related to disparate impact…

Bullying behaviors can take many forms and can come from many levels. Their common elements are that they target individuals or specific groups, in a negative or punitive fashion, through the misuse of power. Those on the receiving end of bullying behaviors may have limited options, depending on the circumstances. What they need most are…

I grew up believing there to be certain discrete races in the world – White, Black, Hispanic, Asian, Indigenous people of the United States and Indigenous people of other parts of the world. I understood those to be immutable, something we were born into, and beyond question.  I therefore never thought twice about it –…

What is “illegal DEI”?  That question was at the heart of a federal district court decision out of Maryland that issued a preliminary injunction against portions of the Trump executive orders on diversity, equity and inclusion.  At present, the court has blocked the administration from implementing three key aspects of the Trump executive orders that…

Lest the forest got lost in the trees, we are wrapping up this series of articles on the Trump Executive Orders on affirmative action (AA) and diversity, equity, and inclusion (DEI) to highlight the key takeaways for employers. 1. Employment Law Protections Are Not Immediately Collapsing As outlined in Part I of this series, affirmative…