Topic
Discrimination
3,388 published works
Subject to Inquiry
DOJ Announces Initiative to Use False Claims Act to Investigate DEI Practices
By Edwin O. Childs, Farnaz Farkish Thompson, Jack White, Michael J. Podberesky, Brett Barnett, John S. Moran, Steven McCool, John Sullivan, Jason M. Vespoli, McGuireWoods LLP
On May 19, 2025, the U.S. Department of Justice’s (DOJ) Deputy Attorney General announced its new Civil Rights Fraud Initiative, which aims to use the False Claims Act (FCA) to…
Legal Theory Blog
Norton on Forms of Address
Helen L. Norton (University of Colorado Law School) has posted Contesting 'Address': Conflicts Over the Words We Use to Address and Refer to Each Other on SSRN. Here is the…
Davis+Gilbert PERKS
Former EEOC Leaders Criticize Executive Order Targeting Disparate Impact Liability
In follow up to our April 24 post, a group of former EEOC Commissioners and General Counsel released a statement today, criticizing the recently issued Executive Order seeking "to eliminate…
Rivkin Rounds
FCA Case Against Insurers Alleges Kickbacks and Discriminatory Practices
On May 1, a whistleblower filed a complaint under the federal False Claims Act (FCA) against Aetna, Elevance Health (formerly Anthem) and Humana alleging that the insurers paid hundreds of…
Davis+Gilbert PERKS
Federal Court Revives “Reverse Discrimination” Claim Based on DEI Policies
A recent decision by a federal appellate court serves as a stark reminder to all employers to carefully ensure that DEI-related policies do not run afoul of longstanding laws prohibiting…
Gender and the Law Prof Blog
Identity and Procedural Subordination in SCOTUS’ LGBTQ Religious Exemption Cases
By Tracy Thomas
Kyle Velte, Identity and Procedural Subordination in LGBTQ Religious Exemption Cases In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Fulton v. City of Philadelphia, and 303 Creative LLC v. Elenis,…
Levy Employment Law Blog
Employment Law in Trump’s First 100 Days Part V: Taking the States to Task
By Tracey Levy
The Trump administration’s challenge to discrimination protections based on a disparate impact theory extends beyond federal regulations. The April 23, 2025, executive order additionally directs the Attorney General to identify…
UK Labor Law Blog
The Limits of Positive Action under the Equality Act 2010 – by James Hand
Image by Mohamed Hassan from Pixabay 1. INTRODUCTION Some British media outlets ran stories in April 2025 on how a regional Police Force (West Yorkshire) has put ‘applications from white Brits…
UK Labor Law Blog
The UK Supreme Court Judgment Has Brought Much Needed Confusion: Why For Women Scotland Did Not Change UK Discrimination Law – by George Letsas
What did the Supreme Court decide in For Women Scotland? The case concerned quotas in the representation of women in public boards in Scotland, under the Gender Representation on Public…
California Employment Law Blog
California’s New Intersectionality Law: Understanding and Protecting Combined Identities in Discrimination Cases
California recently passed Senate Bill 1137, a groundbreaking law that explicitly recognizes “intersectionality” in the state’s civil rights laws that went into effect in January of this year. This legislation…