On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and private sectors. While the opinion at times veers more towards policy signaling than fresh legal analysis, employers should take note, especially where it
Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29, 2025, nine-page memorandum issued by Attorney General Pam Bondi provides more specific guidance on DEI initiatives by recipients of federal funding, and may
Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove discrimination – a heightened evidentiary standard. However, the U.S. Supreme Court recently rejected the “background circumstances” rule in Ames v. Ohio
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” here, and our Bradley colleagues in the Government Contracts Practice Group weighed in on DEI