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The rise of anti-DEI lawsuits, and what lies ahead.

It’s Friday…and if, like us, you’re still stuffed from the holiday, it’s ok to reset a bit…it is one of the slowest Fridays of the year, after all. If you need to take an extra long lunch break to walk or nap it off, we’re here for it—just as long as you read our newsletter first.

In today’s edition:

The year in lawsuits

Mind the gap

—Kristen Parisi, Courtney Vinopal

DEI

Gold brass balance scale with the letters DEI on one side

Illustration: Morning Brew Design, Photo: zendograph / Adobe Stock

There’s been an uptick in DEI-related lawsuits against companies since 2023, when the Supreme Court barred universities from considering race in the admissions process. That decision, coupled with a rise in anti-DEI actions from the Trump administration and activists, has led courts to consider the legality of DEI programs, including training and demographic goals.

It seems, however, that the tides may be changing. Some legal experts say that, in recent months, they’ve seen fewer new cases against employers, and some DEI professionals filing suits of their own.

For more on the anti-DEI lawsuits employers faced in 2025, and what the future may hold, keep reading here.—KP

From The Crew

TOTAL REWARDS

A sign that says 'Close The Pay Gap' is held by Nancy Reichman, a member of Colorado's Pay Equity Commission, during a rally in downtown Denver, CO on April 28, 2009.

Craig F. Walker/Getty Images

In 2007, Supreme Court Justice Ruth Bader Ginsburg wrote a blistering dissent in a Title VII case brought by Lilly Ledbetter, a former supervisor at a Goodyear Tire and Rubber plant who discovered she was paid less than male colleagues in equal or less senior positions, and sued for sex discrimination.

The dissent touched upon the pervasive problem of secrecy that today’s pay transparency laws are trying to solve. “Pay disparities often occur, as they did in Ledbetter’s case, in small increments; cause to suspect that discrimination is at work develops only over time,” Ginsburg wrote. “Comparative pay information, moreover, is often hidden from the employee’s view. Employers may keep under wraps the pay differentials maintained among supervisors, no less the reasons for those differentials.”

By the time Colorado enacted a law requiring employers to share salary information with potential job seekers in 2019, policymakers had been wrestling with fair pay issues like this one for decades. At the federal level they sought to remedy them first with the Equal Pay Act of 1963, and later with the Lilly Ledbetter Fair Pay Act of 2009, which expanded the statute of limitations on discrimination claims like Ledbetter’s, removing a hurdle for employees bringing lawsuits.

Thanks to pay transparency laws that have been enacted in more than a dozen US states and Washington, DC, workers have access to much more information about how their employers pay, and why. But like the policies that came before them, these laws haven’t yet resulted in a meaningful narrowing of the gender pay gap—one key goal of the movement.

For more on why pay transparency hasn’t closed the gender pay gap, keep reading here.—CV

Together With BambooHR

WORK PERKS

A desktop computer plugged into a green couch.

Francis Scialabba

Today’s top HR reads.

Stat: More than half (59%) of US employers don’t offer their employees a retirement plan. (Pension Policy International)

Quote: “It shouldn’t take a crisis to remind leaders that looking after your team is the number one responsibility.”—David Craig, founder and former CEO of fintech platform Refinitiv, on why executives should prioritize people-focused business strategies (Raconteur)

Read: Do you have an “office freeloader” in your midst? Here’s how to ensure they do their fair share. (Quartz)

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