United States: Diversity, Equity & Inclusion

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Article
Modifying Donor-Restricted Endowments Offered By Educational And Other Not-for-Profit Institutions
The Iowa Supreme Court's landmark decision in In re Ezra L. Totton Scholarship addresses whether universities can modify race-based donor-restricted scholarships in response to changing legal landscapes following Students for Fair Admissions v. Harvard. The Court ruled that while institutions may seek modifications when restrictions become impracticable, any changes must remain faithful to the donor's original charitable intent rather than simply serving institutional compliance goals. This precedent-settin
United States Consumer
SJ
Steptoe LLP
Article
Signed, Sealed, Scrutinized: DEI, Certifications, And FCA Risk (Video)
As government contractors face mounting scrutiny over diversity initiatives, a critical question emerges: can DEI-related representations trigger False Claims Act liability? This program examines how workplace diversity commitments intersect with federal fraud enforcement, exploring recent settlements and legal theories that have transformed DEI compliance into a potential source of significant legal exposure.
United States Government
KG
K&L Gates LLP
Article
DEI Programs Under Spotlight: A “Wicked” Tale For New York Theater
Recent lawsuits against theater organizations signal a dramatic shift in how diversity, equity and inclusion programs are being legally challenged. From discounted ticket promotions to apprenticeship opportunities, DEI initiatives that once seemed routine are now facing federal scrutiny and litigation under anti-discrimination laws. Theater companies, producers and arts organizations must navigate this evolving legal landscape to protect their programs while continuing to pursue diversity goals.
United States Employment
BS
Bond, Schoeneck & King PLLC
Article
PayPal And IBM Settlements Signal Expanded Scrutiny Of DEI Programs
The US Department of Justice has launched investigations into corporate diversity, equity, and inclusion programs at PayPal and IBM, using novel applications of the Equal Credit Opportunity Act and False Claims Act. These enforcement actions signal a significant shift in regulatory scrutiny of DEI initiatives, particularly those involving financial services, federal contracts, and credit-related activities.
United States Commercial
SJ
Steptoe LLP
Article
Part 1 – Federal Contractors: Prepare For The Next Wave Of Audits
Federal contractors face a major compliance shift as Executive Order 14398 and FAR 52.222-90 expand enforcement beyond traditional affirmative action to encompass anti-discrimination, merit-based employment systems, and potential False Claims Act exposure. Employment practices are now procurement-sensitive compliance matters requiring audit-ready systems and objective decision-making standards.
United States Government
HR
HR Unlimited
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