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Is DEI Illegal Now: Part II – Is the EEOC’s Anti-DEI Messaging at Odds with Its Title VII Enforcement?

By / 2.23.2026 / No Comments

Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially “unlawful” under Title VII, prompting employers to question whether previously supported practices have become illegal overnight. However, while political rhetoric has shifted, the EEOC continues to litigate and conciliate traditional race and sex discrimination cases under Title VII, often resulting…
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Is DEI Illegal Now: Part I – How Can Employers Compete for Talent Without Violating Title VII?

By / 2.13.2026 / No Comments

Conflicting signals from federal agencies have prompted some employers to scale back or suspend DEI-related initiatives out of fear that such programs may be considered “illegal.” However, overcorrecting in this direction creates its own set of risks, especially under Title VII, which continues to prohibit discrimination based on race, sex, disability, national origin, age, and other…
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A Federal Judge Dismissed a DEI Lawsuit Against Starbucks – Here’s What Federal Contractors Should Learn

By / 2.9.2026 / No Comments

A recent court decision involving Starbucks offers an important lesson for federal contractors navigating today’s DEI scrutiny: even in a politically charged environment, courts still require specific evidence of actual harm — not assumptions, headlines, or generalized allegations.  In the case, Missouri’s attorney general sued Starbucks, arguing that the company’s diversity, equity, and inclusion (DEI) initiatives unlawfully advantaged…
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A New Enforcement Focus: When “Preference” Becomes Discrimination Against U.S. Workers

By / 1.13.2026 / No Comments

When employers think about discrimination risk, they usually focus on familiar protected categories such as race, sex, ethnicity, age, disability, or religion. But a recent settlement announced by the Civil Rights Division of the U.S. Department of Justice (DOJ) underscores a growing and less understood enforcement area: discrimination against U.S. workers based on citizenship and…
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DOJ Suit Against MPS Highlights Employers’ Obligation to Maintain Merit-Based, Identity-Neutral Employment Practices

By / 12.22.2025 / No Comments

On Dec. 10, 2025, the U.S. Department of Justice (DOJ) filed a federal lawsuit against Minneapolis Public Schools (MPS), alleging unlawful race- and sex-based employment practices embedded in the district’s collective bargaining agreement (CBA). According to the complaint, MPS prioritized teachers who belonged to “underrepresented populations,” set explicit numerical staffing goals for “BIPOC” employees, and…
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