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
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What Is “Race”?
By Tracey Levy
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 –…
DEI in Crisis Part IX: First Amendment Rights Provide Partial Relief
By Tracey Levy
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…
DEI In Crisis Part VIII: Proceed with Care – Six Key Takeaways for Employers
By Tracey Levy
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…
DEI in Crisis Part VII: Be Reflective and True to Your Core
By Tracey Levy
“Resist. Do not capitulate.” “Keep doing what you’re doing. Just call it something else.” I see these posts and I cringe that they are missing the mark. If you want to dig your heels in, play around with titles that do not use the letters D-E-I, and call it a day, then watch out. You…
DEI in Crisis Part VI: Initial Federal Responses Follow Orders, Halt Initiatives
By Tracey Levy
The week of January 20, 2025 brough a series of executive orders, all collectively attacking diversity, equity and inclusion (DEI) initiatives in the federal government and as far as federal authority can reach into the actions of the private sector. This is the sixth in our series of articles on the Trump Executive Orders on…
DEI in Crisis Part V: Gender Identity Erased and Reconstituted as Sex Discrimination
By Tracey Levy
Recognition of gender identity and gender expression, and opportunities for transgender individuals, have become a particular focus of attack under the new administration’s general targeting of DEI programs. Invoking the prohibition against sex discrimination under Title VII of the Civil Rights Act of 1964, one Trump Executive Order issued on January 20, 2025, complains of…
DEI in Crisis Part IV: How Employers Should – and Should Not – Structure DEI Efforts
By Tracey Levy
State and local bar and medical associations are among the organizations expressly called out by the Trump Executive Order issued on January 21, 2025, directing the Attorney General to “deter unlawful DEI programs” including by identifying up to nine potential civil compliance investigations that target publicly traded corporations, large non-profit corporations or associations, foundations with…
DEI in Crisis Part III: Protections for the Disabled and Veterans Still Survive
By Tracey Levy
Affirmative action requirements still exist with respect to two groups of individuals under federal law – veterans and individuals with disabilities – notwithstanding a recent Trump Executive Order that revoked the underpinnings of affirmative action with respect to other groups. This is the third in a series of articles on the Trump Executive Orders on…
DEI in Crisis Part II: What Is Now Gone, What Is Targeted, and New Mandates for Federal Contractors and Grant Recipients
By Tracey Levy
Sweeping changes have come about as a result of a new Trump Executive Order entitled, “Ending Illegal Discrimination And Restoring Merit-Based Opportunity – The White House.” The primary impact will be felt by federal government contractors and grant recipients, who now face new obligations and the dismantling of past requirements, but there also will be…