Several large corporations like Target and Wal-Mart have rescinded their formal DEI programs in recent months, presumably to comply with mandates and warnings by the current federal government administration. Nonetheless, a recent report shows that while corporations may be backing away from official DEI programs, they continue to embrace DEI principles in a less obvious manner. Recruiting firm BarkerGilmore Read More
Hospitals Increasingly Filing Antitrust Suits Against Blue Cross and Blue Shield Carriers
Large hospitals and health systems have filed a spate of antitrust suits against various Blue Cross and Blue Shield (BCBS) carriers, including Elevance Health and Health Care Service Corp. These plaintiffs in the recent lawsuits are those health system giants that opted out of the $2.8 billion antitrust settlement that BCBS agreed to last fall. They had until March 29, 2025, to reject the settlement and file Read More
Federal District Judge Blocks Enforcement of Executive Orders Relating to Private Companies and DEI
A federal district court judge in Maryland has issued a preliminary nationwide injunction against several provisions in one of Trump’s executive orders related to diversity, equity, and inclusion policies at private companies. The court’s February 21, 2025, ruling in National Association of Diversity Officers in Higher Education v. Trump, No. 1:25-cv-00333 (2025), prevents the Trump administration from enforcing Read More
HHS Issues Memo Rescinding 2022 Guidance on Gender Affirming Care
The U.S. Department of Health & Human Services (HHS) has issued a memorandum rescinding its 2022 guidance entitled “Rescission of ‘HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy’.” The rescission cites Section 5(b) of Executive Order 14187, “Protecting Children from Chemical and Surgical Mutilation,” as justification. The rescission of the 2022 HHS guidance is effective Read More
Prohibitions on DEI Do Not Impact Title VII Protections
Over the past six weeks, Trump has issued a slew of executive orders (EOs) purporting to outlaw diversity, equity, and inclusion (DEI) programs of federal contractors, private companies, and colleges and universities. These EOs do not invalidate or affect existing workplace discrimination laws such as Title VII. However, all organizations with inclusion and diversity policies should review them to ensure they will Read More
Federal 340B Drug Pricing Program Failing Patients, Increasing Drug Costs
The American Benefits Council has released a new white paper calling for reforms to the federal 340B drug pricing program. According to the paper, the 340B program is failing to meet the needs of the patients that it was designed to help. At the same time, the program is driving up healthcare expenses for employer-sponsored health plans by $5.2 billion annually due to a loss of rebates. Furthermore, the program has Read More
Federal Judge Refuses to Dismiss Retaliation Claims Over Sephora’s Hiring Practices
A U.S. District Court judge in Georgia has declined to partially dismiss a former store manager’s discrimination and retaliation claims against Sephora. Nixaliz Mestre, who is Latina, was terminated from the high-end beauty chain after refusing to prioritize white job applicants over applicants of other races. The judge ruled that Mestre’s allegations were sufficiently detailed to avoid dismissal prior to the start Read More
IRS Begins Implementation of Biden-Era Paperwork Burden Reduction Act
The Internal Revenue Service (IRS) has begun the process of implementing the Paperwork Burden Reduction Act, a law from the Biden administration that is already in effect. To assist employers, the IRS has issued Notice 2025-15, which no longer requires employers to send coverage statements to all full-time employees. Instead of sending out complex, personalized statements to full-time employees, employers now can Read More
Liability for Employers Handling Discrimination Complaints Without DEI
More and more companies are explicitly moving away from diversity, equity, and inclusion (DEI) policies in the wake of the White House’s January executive order addressing the issue. In the aftermath of this exodus, employers now must grapple with how to handle discrimination complaints. Abandoning DEI policies also results in rejecting in-house dispute resolution processes for discrimination Read More
DOL’s New Retirement Security Rule Remains on Hold as Agency Pauses Appeals
The U.S. Department of Labor (DOL) has filed a motion with the U.S. Court of Appeals for the Fifth Circuit to pause its appeals of two federal court cases challenging its new Retirement Security Rule. This move follows two July 2024 federal court orders staying the implementation of the rule, which was supposed to go into effect in September 2024. The new Retirement Security Rule extends fiduciary responsibilities Read More
