by CUPA-HR
General Counsel Ira Shepard’s overview this month examines the EEOC’s record-breaking $700 million in discrimination claim collections for 2024 and the Trump administration’s unprecedented firing of NLRB and EEOC members, which has left both agencies unable to conduct business. It also highlights legal developments impacting DEI programs, including a revived challenge to Pfizer’s diversity fellowship, hostile work environment claims tied to DEI training, and a constitutional challenge to Alabama’s ban on publicly funded DEI initiatives. Additionally, the NLRB’s ability to award consequential damages has been curtailed by the courts, and a new Supreme Court ruling has made it easier for employers to prove workers are exempt from overtime pay.
General Counsel Ira Shepard’s overview this month references a federal judge’s injunction blocking parts of the Trump administration’s executive orders targeting DEI programs and the administration’s appeal. He also covers ongoing legal challenges to disparate impact liability, and a lawsuit against the NCAA’s eligibility rules. Additionally, civil rights groups are suing the administration over anti-DEI orders, and the OFCCP is preparing for massive staff cuts following executive orders eliminating much of its enforcement responsibilities. 
As your institution processes its response to recent executive orders and the reactions of employees and students across campus, increasing workplace tensions may make it more challenging for your HR team to maintain a positive and collaborative environment. Here are some valuable insights and resources to help you along the way. 
Since 1996, the National Committee on Pay Equity has acknowledged Equal Pay Day to bring awareness to the gap between men’s and women’s wages. This year, Equal Pay Day is March 25 — symbolizing how far into the year women must work to be paid what men were paid in the previous year. To help higher ed leaders understand, communicate and address gender pay equity in higher education, CUPA-HR has analyzed its annual workforce data to establish Higher Education Equal Pay Days for 2025. Tailored to the higher ed workforce, these dates observe the gender pay gap by marking how long into 2025 women in higher ed must work to make what White men earned the previous year. 
On March 1, the Department of Education’s Office for Civil Rights (OCR) released a Frequently Asked Questions document providing further guidance on OCR’s February 14, 2025, “Dear Colleague” letter. The FAQ provides details on how to file a discrimination complaint, the department’s view on what type of activity is unlawful and the department’s approach to enforcement. 
The first two months of 2025 have brought no shortage of change and uncertainty to higher ed institutions. Amid that uncertainty, you may find yourself not only navigating a wave of new compliance requirements, but also supporting employees who are feeling overwhelmed or worried. When change is happening at a rapid pace, it can be challenging to think strategically about how to manage emotional responses to change. However, two approaches you probably honed during the COVID-19 pandemic — fostering resilience and psychological safety — can be particularly useful in times like these. 
The wave of new executive orders on DEI, immigration and gender identity has already significantly impacted the higher ed workplace. While the pace of change may feel overwhelming, HR departments are taking a leading role — just as they did during the COVID-19 pandemic — in navigating change and making sure all employees feel valued and supported at work. As you strategize your response to changes taking place on your campus, here are some considerations for ensuring that you are providing equal access and opportunity for all. 
On February 5, President Trump signed an executive order titled “Keeping Men Out of Women’s Sports.” The order aims to bar transgender women and girls from participating in women’s sports by directing agencies to withdraw federal funding from schools that refuse to comply with the order.