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LATEST NEWS AND STORIES

  • McKinsey & Co. Holds Steady on Its Diverse Meritocracy

    In a February 3 memo, McKinsey & Co’s managing partner seemingly responded to questions about its diversity policies in light of the US government’s pushback on diversity attempts and demand for a return to "merit-based opportunity" across all businesses. He said, "The answer is yes. We will continue to boldly pursue [diversity and meritocracy] because these two things together" make the organization stand out and have defined it for "nearly 100 years." McKinsey uses "diverse meritocracy" to describe its culture, highlighting that it simultaneously prioritizes diversity and hiring the best.

  • New Guidance Says Title IX Does Not Apply to NIL Pay

    In the last few days of the Biden administration, the Dept of Education released a fact sheet addressing the implications of Name, Image, and Likeness Activities (NIL) on Title IX requirements. It identified NIL compensation as “athletic financial assistance.” Because of that identification, Title IX would require institutions to compensate athletes in a nondiscriminatory manner. Under the new administration, the DOE rescinded that fact sheet, calling it beyond what agency guidance should do. Without express guidance from the 50-year-old statute, it does not regulate NIL compensation.

  • Private Employers Assessing How to Navigate Administration’s Campaign Against Diversity

    A New York Times article explored how experts and employers are viewing diversity initiatives and avoiding discrimination lawsuits against the backdrop of the administration’s anti-D.E.I. stance. A recent DOJ memo revealed the department's plan to enforce the president’s executive order on D.E.I., posing a significant risk for businesses. Yet, employers also want to comply with Title VII’s prohibition on discrimination.

  • Media Seemingly Concedes to President Rather Than Fight

    A recent New York Times article examined the President’s lawsuits against news organizations and how the media seems to capitulate. Trump sued CBS News and The Des Moines Register for deceptive advertising. The Texas CBS lawsuit accused the network of deceptively editing a “60 Minutes” interview of former Vice-President Kamala Harris. CBS purportedly “doctored” the interview to present Harris in a “positive light,” which was “false, misleading, or deceptive.” Trump sued The Des Moines Register for publishing Ann Selzer’s poll showing Harris leading Trump in the polls (Trump won the state decisively). Both news organizations denied the allegations and have moved to dismiss the cases.

  • Labor Unions Trying to Stop DOGE from Accessing Confidential Information

    The American Federal of Labor and Congress of Industrial Organizations (AFL-CIO) sued to prevent DOGE’s plan to access the Labor Department’s information systems. It argued that giving Elon Musk (the head of DOGE) the opportunity to see non-public information from OSHA investigations into his companies (Tesla, Space X, and The Boring Company) and those of his competitors posed real dangers. Federal employees say supervisors directed them to give Musk and his team whatever information they wanted. Their union, the American Federation of Government Employees, joined the lawsuit as did the union representing state, county, and municipal employees, the SEIU, the Communications Workers of America, and the Economic Policy Institute.

  • Government and NCAA Ban Transgender Women from Competing in Women’s Sports

    A new executive order denies federal funds to schools that allow transgender women to compete on girls’ and women’s sports teams. The Education Department must notify schools that allowing transgender women to compete on female teams violates Title IX. This violation of Title IX provides the basis for removing federal funds. According to the order, the alleged “[w]ar on women’s sports is over.” The NCAA changed its transgender athletic participation policies in response to the new order. Following these changes, only women born female may compete in women’s sports. Transgender athletes previously allowed to compete in women’s sports will no longer be permitted to do so.

  • Target Rolls Back DEI While Costco Stays the Course

    Target announced it was reducing its diversity, equity, and inclusion initiatives, including a program established to help Black employees build their careers, improve the experience of Black shoppers, and promote Black-owned businesses. This decision has received a strong response, with some questioning Target’s previous commitments to promoting progressive values. In contrast, Costco is one major retailer that decided to continue its DEI efforts. In 2024, some shareholders proposed a report on the risks of continuing its DEI efforts. The board rejected the proposal, responding that it viewed its “commitment to an enterprise rooted in respect and inclusion” as “appropriate and necessary.”

  • Under New Leadership, the EEOC Removes Guidance on Transgender and Gender Identity

    Andrea Lucas, the new acting EEOC chair, identified actions that she has taken to “return” the agency to the “mission” of “protecting women from sex-based discrimination” in the workplace. To achieve this “mission,” she will prioritize compliance, investigation, and litigation that defends the “biological and binary reality of sex and related rights, including women’s rights to single-sex spaces at work.” Bostock v. Clayton County remains the law of the land, expressly holding that discrimination based on sex includes discrimination based on sexual orientation and gender identity. Nevertheless, the EEOC told employees to stop processing LGBTQ+ discrimination claims.

  • Federal Employees Receive Twitter-Like Pressure to Leave, Including Air Traffic Controllers

    In late January, the executive branch sent a mass email to federal employees offering them eight months of continued pay if they agreed by February 6 to leave their jobs. About a week later, another mass email was sent to all federal employees, including at the Federal Aviation Administration (FAA). The government’s emailed memo, with the subject line “Fork in the Road,” said, “[w]e encourage you to find a job in the private sector as soon as you would like to do so.” The New York Times reported that these emails are eerily like the ones Elon Musk sent to Twitter employees when he took over the platform.