The Washington Report
March 26, 2025
While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.
Other HR/Employment
EEOC and DOJ Release Technical Documents on DEI
On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released two technical assistance documents focused on unlawful discrimination related to Diversity, Equity, and Inclusion (DEI) in the workplace. “To help educate the public about how well-established civil rights rules apply to employment policies, programs, and practices—including those labeled or framed as ‘DEI’—the EEOC and the DOJ today released a joint one-page technical assistance document, What To Do If You Experience Discrimination Related to DEI at Work. The EEOC also released a longer question-and-answer technical assistance document, What You Should Know About DEI-Related Discrimination at Work. Both documents are based on Title VII of the Civil Rights Act, existing EEOC policy guidance and technical assistance documents and Supreme Court precedent.”
The news release is available here.
The technical document, What To Do If You Experience Discrimination Related to DEI at Work, is available here.
The technical document, What You Should Know About DEI-Related Discrimination at Work, is available here.
Aon Publications
More Health Plan Fiduciary Litigation as J&J Case Is Revived and Another Employer Is Sued
Two more complaints — one amended and one new — have been filed against employers for allegedly violating ERISA fiduciary responsibilities in the administration of prescription drug benefit plans.
In Lewandowski v. Johnson and Johnson, an amended complaint adds another plaintiff and reopens fiduciary liability claims after dismissal in January. In Stern v. JP Morgan Chase & Co., three plaintiffs allege the employer breached fiduciary duties and engaged in prohibited transactions under ERISA, using arguments similar to those used in another health plan fiduciary liability case, Navarro v. Wells Fargo.
The Aon bulletin is available here.