Gibson Dunn’s Workplace DEI Task Force is actively assisting clients in navigating the changing legal and policy environment following recent actions by the Executive Branch and a Supreme Court decision in SFFA v. Harvard. They have highlighted several key developments.
President Trump issued Executive Order 14173 on January 21, 2025, directing the Attorney General to submit a report with recommendations for enforcing federal civil-rights laws. This report aims to encourage the private sector to end illegal discrimination and preferences, including those related to DEI. Agencies are tasked with identifying large companies or non-profits for potential investigations and litigation.
On May 12, it was reported that the Equal Employment Opportunity Commission (EEOC) launched an investigation into Harvard University’s hiring practices under Title VII. Acting EEOC Chair Andrea Lucas filed a charge against Harvard, alleging discrimination against certain demographic groups in various employment areas.
Americans for Equal Opportunity (AEO) sent a letter to the EEOC on May 12, accusing Sponsors for Educational Opportunity (SEO) and 44 law firms of discriminatory practices in their Law Fellowship program. AEO claims members were rejected due to not meeting preferred racial or ethnic backgrounds.
In another development, U.S. District Judge Loren L. AliKhan heard arguments regarding Susman Godfrey LLP’s motion for summary judgment against President Trump’s April 9th Executive Order addressing risks from Susman Godfrey. The EO accuses the firm of hiring discrimination and attempts to limit their access to federal buildings.
Additionally, U.S. District Judge William G. Young asked for clarification on the Trump Administration’s definition of “diversity, equity and inclusion” during a lawsuit involving research grant applications aligning with DEI goals.
President Trump nominated Brittany Bull Panuccio as an EEOC Commissioner on May 7, potentially restoring its quorum status for decision-making processes.
Lastly, Andrew Ferguson from the Federal Trade Commission announced an investigation into potential antitrust issues related to DEI metrics among companies.
These updates reflect ongoing changes and legal challenges in workplace diversity initiatives.
