KatieWynbrandt

On May 29, 2026, the Office of Management and Budget (OMB), joined by federal grantmaking agencies, issued a lengthy proposed rule[1]covering many aspects of federal financial assistance, including:

Attention government contractors and subcontractors, a new Executive Order (EO) demands your immediate attention. Titled Addressing DEI Discrimination by Federal Contractors, the order, issued March 26, directs federal agencies to begin inserting a new clause prohibiting what the EO terms “racially discriminatory DEI activities” into contracts within 30 days. The EO’s text reaches more broadly than prior purported DEI preclusion efforts. Here is what you need to know.

The legal landscape around DEI is shifting rapidly — and the False Claims Act is emerging as a key enforcement tool.

The General Services Administration (GSA) recently announced proposed updates to certification requirements for federal grantees on the System for Award Management (SAM, available at sam.gov), the GSA-run, official US Government system for, among other things, recipients of federal funding to make representations and certifications about their organizations. These proposed changes, published in a Federal Register notice on January 28, 2026, would impact all entities receiving federal financial a

In the waning hours of 2025, news broke that the Department of Justice (“DOJ”) had sent Civil Investigative Demands (“CIDs”) to investigate and potentially bring actions against federal contractors, grant recipients, and other entities receiving federal funds for maintaining so-called diversity, equity, and inclusion (“DEI”) programs. Reporting notes that DOJ issued CIDs pursuant to its False Claims Act (“FCA”) authority (31 U.S.C. § 3729-3733) to companies across a variety of sectors of the US

On December 9, 2025, the Department of Justice (DOJ) published a final rule rejecting the use of disparate-impact liability, i.e., holding entities liable for discrimination due to a policy’s disproportionate effect on a certain group, even without evidence of intentional discrimination. The rule removes such liability from its regulations implementing Title VI,1the statute that prohibits discrimination based on race, color, or national origin in programs that receive federal financial assistanc

In today's increasingly diverse and interconnected business environment, companies that operate on an international scale have often looked to implement policies – including those relating to diversity, equity, and inclusion (DEI) – that comply with the toughest standards. That levelling up approach has generally allowed global guidelines and initiatives to be implemented universally across business teams operating in different jurisdictions with certain caveats to ensure legal compliance in eve

The Trump Administration’s “temporar[y] pause” in federal funding shocked federal funding recipients across a range of industries. Announced by the Office of Management and Budget (OMB), and ostensibly to reassess all federal financial assistance programs, the pause set off a scramble to understand its impact and protect critical sources of funding. Lawsuits and injunctions followed, and OMB changed course. But as of this writing, agencies continue to notify recipients that no federal money will

As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity, equity, and inclusion (DEI) programs across American society—including in higher education. We summarize the key provisions for colleges and universities, discuss what likely comes next, and suggest steps to take now. As we explain below, how the federal government will implement

In this client alert, we discuss three week-one executive orders that reflect promises President Trump made on the campaign trail to attack DEI. Below, we summarize the key provisions for the private sector, discuss what likely comes next, and suggest steps to take now, in response.

While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take aim at DEI programs. Meanwhile, emboldened by these developments at the federal level, activists and private litigants will likely ramp up their anti-DEI efforts in the courtroom, the legislatures, and the public arena. In this article, we preview what corporations with DEI

Jenner & Block elevated eight lawyers to the partnership, promoting associates and special counsel from the firm’s Chicago, London, Los Angeles, and Washington, DC offices.

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert focuses on two types of shareholder activism gaining traction: shareholder proposals and shareholder litigation. 

On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs,[1] the Court agreed to hear a case next Term that could bolster legal challenges to corporate Diversity, Equity, and Inclusion (DEI) programs.[2]The case, Muldrow v. City of St. Louis, concerns Title VII, the statute that prohibits employment-discrimination on account of race, color, religion, sex (including sexual orientat

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1]authored by Chief Justice Roberts, the Court held that race-conscious admissions programs at Harvard and UNC violate the US Constitution’s Equal Protection Clause. While the Equal Protection Clause applies only to government actors, the Court noted that it would continue to interpret Title VI coexten

As a core part of broader Diversity, Equity, and Inclusion (DEI) strategies, many companies have pledged to increase their spending or otherwise strengthen their relationships with diverse vendors and suppliers. With “[c]orporations spend[ing] 58 cents of every dollar in revenue on payments to suppliers,”[1]supplier diversity initiatives have enormous potential to address issues including systemic discrimination, the racial wealth gap, and implicit bias in the procurement process. At the same ti

As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began expanding in popularity a decade ago as a way of inviting job applicants to provide information about their contributions to DEI work.[1]At present, these statements can take different forms – some prompt applicants (whether for employment or admission to an academic program) to pr

Since we published our prior client alert on state efforts to dismantle diversity, equity, and inclusion (DEI) initiatives, state-level anti-DEI efforts have gained significant momentum. Several new anti-DEI legislative measures were introduced in March 2023 alone, and previously introduced measures have advanced in state legislatures.[1]The most expansive of these legislative efforts is Florida’s House Bill 999, which would prohibit public colleges from funding projects that “espouse diversity,

As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this push-back, but they are not alone.[1] With the anti-DEI movement gaining momentum and spreading to other states, the consequences are mounting not just for educational institutions but also for private companies and their employment practices. Below, we describe the latest developmen