A new federal lawsuit in Maryland is challenging a Trump administration memo giving the nation’s schools and universities two weeks to eliminate “race-based” practices of any kind or risk losing their federal money.The lawsuit, filed Tuesday by the American Federation of Teachers union and the American Sociological Association, says the Education Department’s February 14 memo violates the First and Fifth Amendments. Forcing schools to teach only the views supported by the federal government amounts to a violation of free speech, the organizations say, and the directive is so vague that schools don’t know what practices cross the line.“This letter radically upends and re-writes otherwise well-established jurisprudence,” the lawsuit said. “No federal law prevents teaching about race and race-related topics, and the Supreme Court has not banned efforts to advance diversity, equity, and inclusion in education.”The memo, formally known as a Dear Colleague Letter, orders schools and universities to stop any practice that treats people differently because of their race, giving a deadline of this Friday. As a justification, it cites a Supreme Court decision banning the use of race in college admissions, saying the ruling applies more broadly to all federally funded education.President Donald Trump’s administration is aiming to end what the memo described as widespread discrimination in education, often against white and Asian American students.At stake is a sweeping expansion of the Supreme Court ruling, which focused on college admissions policies that considered race as a factor when admitting students. In the February 14 memo, the Education Department said it interprets the ruling to apply to admissions, hiring, financial aid, graduation ceremonies, and “all other aspects of student, academic and campus life.”The lawsuit says the Education Department is applying the Supreme Court decision too broadly and overstepping the agency’s authority. It takes issue with a line in the memo condemning teaching about “systemic and structural racism.”“It is not clear how a school could teach a fulsome U.S. History course without teaching about slavery, the Missouri Compromise, the Emancipation Proclamation, the forced relocation of Native American tribes,” and other lessons that might run afoul of the letter, the lawsuit said.The department did not immediately respond to a request for comment.In the memo, Craig Trainor, acting assistant secretary for civil rights, had said schools’ and colleges diversity, equity, and inclusion efforts have been “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.“But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal,” Trainor wrote in the memo.The lawsuit argues the Dear Colleague Letter is so broad that it appears to forbid voluntary student groups based on race or background, including Black student unions or Irish-American heritage groups. The memo also appears to ban college admissions practices that weren’t outlawed in the Supreme Court decision, including recruiting efforts to attract students of all races, the lawsuit said.It asks the court to stop the department from enforcing the memo and strike it down.The American Federation of Teachers is one of the nation’s largest teachers unions. The sociological association is a group of about 9,000 college students, scholars and teachers. Both groups say their members teach lessons and supervise student organizations that could jeopardize their schools’ federal money under the memo.
The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
Collin Binkley, AP Education Writer
The World Health Organization (WHO) has confirmed that a worrying mystery illness is spreading in the Democratic Republic of the Congo (DRC). The unknown disease has so far sickened hundreds and killed dozens since reports of it first emerged in early January. Heres what to know about the outbreaks so far.
What is the disease?
At this time, health officials do not know what the disease is. In the WHO’s weekly bulletin for the February 10- 16 period, the agency says the unknown disease poses a significant public health threat.
The disease is currently active in two regional clusters, according to the report, and worryingly, of those who have died from it, nearly half of the deaths happened within just 48 hours of symptoms emerging.
The first regional cluster where the disease made itself known is in the Boloko Village, in the Bolomba Health Zone region of the DRC. In that village, three children reportedly died from the disease between January 10-13.
Then in early February, the disease reportedly spread to its second regional cluster in Bomate Village, Basankusu Health Zone, located in the northwest of the DRC. Initially, there were 20 reported deaths from the disease there between January 30 and February 9.
As Reuters reports, WHO spokesperson Tarik Jasarevic told a briefing on Tuesday that “The outbreaks, which have seen cases rise rapidly within days, pose a significant public health threat. The exact cause remains unknown.
How many people have died or become sick?
Unfortunately, health authorities now say that both the number of cases and the number of deaths have risen sharply since the first initial reports came in for both outbreak clusters.
WHO says that as of February 15, a total of 431 people have become sick across both clusters. In total, there have been 53 known deaths from the illness. That represents a case fatality rate (CFR) of 12.2%.
When breaking down the illnesses and deaths by regional clusters, 12 cases and 8 deaths have occurred in the Bolomba Health Zone, where the disease was first reported. That means that in that single zone, the disease has a case fatality rate of 66.7%.
But it is the second cluster, in the Basankusu Health Zone, where the majority of cases and deaths have occurred. In the Basankusu Health Zone, there have been 419 cases with 45 deaths, representing a case fatality rate of 10.7%.
How far has the disease spread?
As of the WHOs bulletin, the unknown disease has only been reported in the Bolomba Health Zone and Basankusu Health Zone in the Democratic Republic of the Congo. The two areas are relatively close to each other and are located in the northwestern portion of the country.
Currently, the disease is not reported to have spread to any other areas of the DRC or neighboring countries
How does the disease spread?
It is currently unknown how the disease spreads.
Health authorities have reported that trace-back data shows the outbreak is thought to have first happened in the Bolomba Health Zone. Multiple children became sick with the disease. According to WHO, Reports indicate that the children had consumed a bat carcass prior to onset of signs and symptom.”
This suggests that the disease may be spread by the consumption of animals that are harboring it, but this is not a certainty. It is unknown if researchers have discovered a direct link between bat consumption and the outbreak of the disease.
Diseases can also have multiple routes of transmission.
What are the symptoms of the disease?
The WHOs bulletin states that the children who first came down with symptoms after eating the bat suffered from the following:
fever
headache
diarrhoea
fatigue
Those symptoms later transitioned into:
subconjunctival haemorrhage
epistaxis
haematemesis
However, the range of symptoms across all cases is more broad. Health authorities say infected persons may produce a number of symptoms, including:
fever
chills
headache
myalgia
body aches
sweating
rhinorrhea
neck stiffness
cough
vomiting
diarrhoea
abdominal cramps
Could this be the start of another pandemic?
It is much too early to say whether the mystery illness that has broken out in the DRC could be the beginning of the next pandemic. Health authorities simply know too little about the disease and how it spreads at this time.
However, its worth noting that in December, there were reports of another mystery illness in the DRC, and that disease was later found out to be severe malaria, reported Reuters.
In other words, just because the disease is a mystery right now, doesnt mean it’s not simply an existing illness that health officials have previously identified.
However, WHO does say that tests have ruled out other diseases, including Ebola and Marburg. The exclusion of these diseases raises concerns about a severe infectious or toxic agent being behind the as-of-yet-unknown disease.
Other possibilities for the mystery disease include malaria, viral haemorrhagicfever, food or water poisoning, typhoid fever, and meningitis, according to WHO.
Or it could turn out to be something totally new. For now, health authorities simply need more time to determine what it is.
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Total active U.S. housing inventory for sale recently fell by 42,133 homes, from 871,509 in December 2024 to 829,376 in January 2025, according to the latest Realtor.com data.
Historically, national active inventory usually declines during this seasonal month-over-month window, with the average decline since 2017 being -69,646 between December and January.
The fact that inventory is rising year-over-year, combined with January’s smallest inventory decline for the month since Realtor.com began publishing data in summer 2016, strongly suggests that national active housing inventory for sale is likely to end the year higher.
Heading into 2025, the average forecast model tracked by ResiClub projected U.S. active inventory for sale to increase by 12.5% in 2025. Through the end of January 2025, active inventory is growing at a rate of 25% on a year-over-year basis.
In markets that maintain this (or greater) level of inventory growth, homebuyers will gain more leverage and power. Some markets that are sellers markets could become balanced markets, and some markets that are balanced markets could become buyers markets.
Historically speaking, national active inventory usually begins its seasonal decline around August, and then begins to rise again around March. (Note: The seasonal cycle for new listings is a little different; it usually begins to rise around January and tops out around June.)
While national active inventory is rising (+25% on a year-over-year basis), national active inventory at the end of January 2025 (829,376) was still 25% below pre-pandemic January 2019 levels (1,110,636).
And that story varies a lot by market. The Northeast and Midwest remain fairly tight, while the Gulf region has softened.
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WeWard, an app that offers real-world rewards for walking, announced Wednesday it’s signed tennis champ Venus Williams as an investor and ambassador for the app.
The app, which offers users points called Wards for steps taken, lets users track their movements or import pedometer data from tools like iPhone’s Apple Health, Android’s Google Fit, or Fitbit. When they’ve racked up enough Wards, they can be redeemed for gift cards, charitable donations, or even cash deposits to user bank accounts.
“We’ve decided to do something very simple,” says cofounder and CEO Yves Benchimol. “We just give cash to people to walk.”
In addition to tangible rewards, users can also collect virtual trading cards scattered at particular places on the map in a manner familiar to players of games like Pokémon Go, encouraging people to explore their surroundings on foot while racking up steps. About 6.5 million of the cards, dubbed WeCards, are collected every day.
Users can also compete with friends, or within virtual leagues based on their activity levels, tracking their performance on virtual leaderboards and receiving virtual gold, silver, and bronze medals based on their rankings. The app has also hosted competitions around regions and countries, centered around events like the Olympics or Super Bowl, where players’ steps are added to totals for their locations.
“Some people are way motivated by beating their friends and compete with their friends,” Benchimol says. “Others want to beat all the community.”
So far, WeWard has distributed $20 million to its users and generated $1 million in charitable donations, according to the company. With the Venus Williams deal, users will be able to access special challenges and rewards linked to the tennis player, including sports tickets and Garmin watches.
“A large part of staying well and active is simply by moving your body whichever way you can, and with WeWard, walking becomes a fun and rewarding experience,” Williams said in a statement. “Im excited to be part of a movement that encourages people to take that first step towards a healthier, more active lifestyle.
Williams also recorded a video demonstrating her use of the app to track her steps, and WeWard pledged $25,000 to support the global antipoverty charity CARE, which both WeWard and Williams have supported in the past. And through a special “Venus Williams Championship” challenge, users will be able to contribute their steps to a collective total, triggering larger donations up to $40,000 as particular walking milestones are met.
The app is free, with those rewards and donations paid for by ads and in-app affiliate shopping links, many of them to health, travel, and activity-oriented vendors like Nike, Columbia, Blue Apron, and Expedia. Users who follow those links can typically earn additional Wards through their purchases. But the company’s not in the business of selling location or activity data, Benchimol emphasizes, with that information collected solely to power step tracking and game experiences like WeCard collecting.
WeWard naturally aims to help its users meet their own walking goals, and users typically increase their step counts by about 25% thanks to the app, Benchimol says. He’s hopeful the company can get that number closer to 50% within the next five years. Since the app bases rewards on step counts, users can walk indoors or outdoors, around the block or on a treadmill at a gym, as they see fit.
“At the end, what matters is just the number of steps, and the fact that you are active every day,” Benchimol says.
Slightly under 10 years ago, when I reviewed a new Apple MacBook, I devoted a surprising percentage of my wordage to its port. Yes, portit had only one. The sleek, minimalist laptop was one of the first devices in the world to sport USB-C, a new type of wired connectivity that carried both power and data over a cable with a slim, reversible connector.
USB-C held the potential to replace pretty much all the other ports then in use on phones, tablets, laptops, cameras, headphones, and other gadgets. At the time, they included USB in its familiar, full-size form (officially known as USB-A), multiple variants of Micro-USB and Mini-USB, myriad proprietary power jacks, and on and on. If Apple could be convinced to phase out Lightningwhich USB-C, with its reversible connector, resembledthe new standard really would be the standard.
I was giddy over the prospect of having only one type of cable in my life. That didnt happen overnight, or even within a few years. But today, I own only one device I use on anything like an everyday basis that requires me to make special provisions for its cable: my Apple Watch Ultra 2, which uses a magnetic charging puck. (Full disclosure: I occasionally haul out my old Nintendo 3DS handheld, which charges via a proprietary cable.)
No doubt: USB-C has been a huge advance for my productivitynot just over previous forms of USB, but also even earlier technologies whose connectors look comically oversized and clunky in retrospect and sometimes even needed to be screwed into place. Just ending the days when I had to examine a cable closely to determine if I was holding it right side up for insertionMicro-USB, you were the worst!has been a joy.
Last week, I even bought a tiny USB-C cable and put it on my keychain, so Im never without it when I want to transfer photos from my camera to my phone. In principle, I could always move them over via Wi-Fi, but USB-C remains much, much faster and more reliable.
Still, the technology hasnt accomplished everything its theoretically capable of doing. For one thing, the version that arrived in 2015 turned out not to be the last wired connectivity standard anyone would ever need. There are now multiple flavors of USB-C, all sharing the same connector but varying considerably in capabilities.
Over at Wirecutter, youll find Fast Company contributor Jared Newmans comprehensive review of USB-C cables. Along with providing buying recommendations, it steps through the details on USB 2.0, USB-C 3.1 Gen 2, and USB4 as well as Apples Thunderbolt, which isnt USB-C at all but uses the same connector. Distinguishing between all these variants matters if you care about data-transfer speeds. If youve got power-hungry devices and want them to charge quickly, you also need to pay attention to the wattage of the cable and the power brick you plug it into.
For an even deeper dive into USB-Cs mysteries, I recommend this 2021 TidBits article by Glenn Fleishman, another Fast Company contributor. Its titleUSBefuddled: Untangling the Rats Nest of USB-C Standards and Cablescleverly conveys just how complicated the topic is.
Before I revisited Jared and Glenns stories while writing this newsletter, I was more or less happy plugging any USB-C cable I had handy into whatever device I needed to hook up for charging or data transfer. Now Im obsessed with the possibility that Im slowing down stuff by using inadequate cabling. (USB4 cables and some USB-C 3.1 Gen 2 ones have specs printed on the connectors to indicate what they can do, but none of my cables seem to bear this essential information.)
Theres another way in which USB-C has underperformed its potential. In theory, its universal adoption should make for a more sustainable tech ecosystem since it reduces the need to have on hand a zillion cables with different connectors. The European Commission certainly sees the technology as more Earth-friendly: As Apple admitted, to satisfy EU regulations, the company had to ditch Lightning for USB-C starting with 2023s iPhone 15.
Apple could assume, but doesn’t, that everyone who buys a new iPhone already has a sufficient collection of USB-C cables; the company still includes one in every box. It does the same with AirPods Pro and iPads. Many other makers of USB-C devices also throw in a cableeven bargain-basement items like an $8 UV light I recently purchased.
The bottom line is that Ive ended up with way more USB-C cables than I need, many of questionable quality. Having failed to figure out how to donate them to an organization that might put them to better use, I periodically drop off the crummier-looking onesand those that have failed altogetherat a local recycling center. Thats better than dumping them in the trash, but it doesnt seem great.
I do envision a day when I dont own a humongous quantity of USB-C cables. At home, a half-dozen good ones might satisfy my needs; maybe slightly more if I keep some at the office and stow a couple in my suitcase. My brilliant new game plan is to only buy USB4 cables henceforth, regardless of whether I need them in any particular plugging-in context: Theyre more expensive, but also a hedge against obsolescence.
For now, my cable clutter abides. I still have an orange toolbox stuffed with so many cables, its lid has snapped off. They include a few USB-C ones but also earlier types with a multitude of connectors, just in case I need them to connect something like an old iPhone or hard drive. Tangled and random, this thicket of obsolete technology sits in my garage, embarrassing me every time I walk by. May the day come when I can wave it goodbyeor at least winnow it down to fit in a shoebox.
Youve been reading Plugged In, Fast Companys weekly tech newsletter from me, global technology editor Harry McCracken. If a friend or colleague forwarded this edition to youor if youre reading it on FastCompany.comyou can check out previous issues and sign up to get it yourself every Wednesday morning. I love hearing from you: Ping me at hmccracken@fastcompany.com with your feedback and ideas for future newsletters. Im also on Bluesky, Mastodon, and Threads.
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The contributions of Black Americans built the nations economic foundation, sustained industries, and shaped countless communities. Yet, even today, disparities in the workplace persist, limiting the opportunities available to Black professionals, which has been exacerbated by the recent White House Executive Order to terminate all Federal DEI programs and positions.
Black employees comprise 12.8% of the workforce but hold just 7% of managerial positions. In senior leadership, representation drops to 45%. These numbers are beyond dismal and reveal more than gaps in representationthey reflect systemic barriers that prevent Black talent from reaching their full potential. Yet despite the intention of DEI programs to gain access to the many talents and skills of the Black community, a false narrative has been created that DEI gives unfair advantages to Blacks and people of color. When the reality is that Black Americans have not been the greatest benefactor of DEI compared to white women and other minority groups.
Its clear the contributions, abilities, and innovations that Black employees bring to the workforce will continue to be underutilized and untapped. This is exacerbated by the lack of recognition of Black talent, which needs to be leveraged and harnessed effectively as a critical part of the global talent pool to develop and maintain a high-performing workforce and ensure the best and brightest regardless of differences are given access to opportunities.
Unfortunately, this is not the first time in history where Blacks have been denied access to education, jobs, and opportunities. Despite this, the impact of the Black worker has strengthened America and cannot be denied. Statistics or examples alone cant capture the full picture. Each number, reference, and invention represent a person with dreams, ambition, and a relentless drive to succeed. This story is about resilience, transformation, and the potential for change.
A legacy of resilience and the current reality
The history of African Americans in the workforce is deeply rooted in resilience, ingenuity, and advancement. From domestic laborers and factory workers to trailblazers who were innovators that changed the face of modern medicine and technology to savvy business leaders that enacted a difference style and approach to driving business impact and changeeach generation has elevated themselves by challenging and overcoming the stereotypes and ill-fitted beliefs of our community to persevere and progress.
Through mentorship, networking, and sharing past and present experiences, Black employees have paved the way to build upon our achievements and we understand of how to navigate during uncertain times. These insights have given us the value of hard work, and the belief that the pursuit of excellence will eventually break down barriers and open doors. This mindset has shaped how I and many other Black professionals show up in the world and maintain a core responsibility to educate, inspire, and share our career journeys and paths to create opportunities for others.
Throughout my professional career, Ive had countless conversations with Black professionals who share their experience about being the only one in the roomwhether in leadership meetings, boardrooms, or professional networks. They describe how exhausting it can be to always advocate for their community, lead their work while also pushing for change for other marginalized groups.
This places an immense mental, emotional, and psychological burden placed on Black professionals that often leads to burnout because of expectation of being a martyr and savior to everyone while not having support for safety themselves.
Barriers to advancement
Black professionals face several barriers that continue to stall career advancement:
Access to networks: Many Black employees lack access to the informal networks and sponsorships that are essential for career growth.
Representation at the top: Without Black leaders in senior roles, companies may find it more difficult to identify and recognize Black talent as viable for leadership positions.
Limited support for risk and recovery: Mistakes are often treated as failures rather than learning opportunities, leaving Black professionals with few support systems and little room to develop, experiment, and grow.
These barriers go beyond missed opportunities, undermining morale and increasing turnoverthey touch upon the absence of a core belief that theres expectation for them to succeed.
Solutions that work
To build workplaces where Black talent thrives, organizations need to move beyond performative gestures and commit to systemic change.
1. Activate AllyshipMentorship is valuable, but advocacy and being an ally for someone is transformational. Organizations must actively connect their senior leadership with the top talent in their organizations and despite their differences, identify and eliminate obstacles for them to develop and progress. This includes demonstrating and promoting behaviors that advocate, recognize, and highlight the skills and abilities of high performing Black talent.
2. Build Pathways for GrowthLeadership development programs, cross-functional training, and stretch assignments create pathways for advancement. Companies should focus on ensuring Black employees have access to these training, developmental opportunities, and projects that challenge them and give them exposure for them to have their skills realized.
3. Create Environments for ThrivingRetention requires more than onboardingit requires intentional support. This includes creating a psychologically safe environment for all employees and especially Black employees during this tumultuous time that allows them to feel a sense of belonging and to contribute fully.
How to build the future
During these times, we need to uplift and magnify examples of companies and organizations making meaningful strides to maximize the full potential of their talent pool, including Black talent. Organizations like the Executive Leadership Council and the National Black MBA Association continue to create opportunities for Black professionals to connect, grow, and excel.
Progress is possible when leading through purpose, values, and behaviors. Organizations can and should invest in people and prioritize inclusive environments that allow everyone to grow, develop, and succeed.
The strength, ingenuity, and impact African Americans have had in the history of labor will continue as each generation embraces the essence, spirit, and energy from that which we come from. We areour ancestors wildest dreams and will continue to build upon their legacy to elevate, improve, and advance.
This Black History Month, let us honor it by asking hard questions to which we must lead the solutions:
How are we building pathways for Black professionals to contribute fully and lead?
In what ways do our systems support growth, or create barriers for Black professionals?
What are we doing today to ensure the next generation has similar or greater opportunities?
Establishing an inclusive, psychologically safe, and collaborative workplace goes beyond meeting quotas or fulfilling obligations. It demands environments where everyone feels they belong, where their abilities are recognized and acknowledged, and where potential is nurtured to its fullest.
The future of work thrives when we recognize that talent exists everywhere, and we should fight hard to ensure it has the opportunity to flourish.
Welcome to Pressing Questions, Fast Companys work-life advice column. Every week, deputy editor Kathleen Davis, host of The New Way We Work podcast, will answer the biggest and most pressing workplace questions.
Q: Should I take my DEI work off of my résumé?A: This is such a timely question and such a fraught one.
In the last month, President Trump has issued a flurry of executive orders dismantling DEI initiatives in the federal government, military, and public schools. Trump also revoked an executive order from 1965, which addressed discriminatory hiring practices across federal contractors, and in the same executive action, he directed federal agencies to open investigations into private sector companies to end DEI programs that constitute illegal discrimination or preferences.
Add to all of that the 2023 Supreme Court decision overturning affirmative action, which sparked a wave of lawsuits from conservative activists aimed at DEI efforts across the public sector and private companies.
Given all of this, its not surprising that a lot of companies are renaming, scaling back, or ending their diversity programs. So in this climate, I understand the inclination to remove or downplay your DEI work on your résumé if you are looking for a job.But, as someone who has covered the evolution of DEI work and understands how crucial it is to employee well-being, team dynamics, innovation, and company success, I would never advise anyone to downplay their DEI work on their résumé.
Why it’s a mistake to hide your DEI work
Aside from the moral imperative to stand behind this important work, its just never a good idea to lie on your résumé. Leaving off your work on an employee resource group, for example, may feel more like a borderline omission. But if your job title included DEI, changing it or leaving it off of your résumé is a deceit that is easy for a future employer to discover.
The other reason why I think its a mistake to remove mentions of DEI work from your résumé: If this is work thats important to you, do you really want to work for a company that wouldnt hire you because you worked in DEI?All of that said, Im not naive about the need to find a job if you are out of work. Ideally we could all feel connected to our companys mission, but in an environment where businesses are afraid of legal retaliation, that can difficult. While I dont think you should alter your résumé to remove your past DEI work, you can use your cover letter to address the current climate and how those same values can still have a place at companies.
Pivot to Belonging and Culture
Fast Company contributor Mita Mallick says that she sees some DEI work being rebranded as Belonging and Culture. While some leaders may feel uneasy about continuing to use the words diversity, equity, and inclusion, belonging can spark more feelings of comfort. When we feel like we belong in our workplaces, we are happier and more engaged, Mallick says.
If you previously did DEI work on an HR team, a belonging and culture role pivot to do similar inclusion work by helping with onboarding experience for new hires, employee engagement, employee surveys, and employee resource groups.
Expand hiring pool
If a company wants to shy away from outright diversity hiring initiatives there are still ways to widen the applicant pool: removing degree requirements, widening where jobs are posted, removing biased phrases from job ads, opening up jobs to remote candidates, and more. Signaling that you are versed in these best practices to find untapped talent, will make you more valuable for open HR roles.Things are complicated and changing fast. Heres some further reading about the current state of DEI:
SCOTUS overturns affirmative action: What it means for workplace DEI
This is how DEI will change in 2025
DEI in the Trump era: Whats at stake for you and your workplace?
How companies can keep doing DEI work, despite Trumps executive orders
Last year, Republican attorneys general in 17 states sued the U.S. Department of Health and Human Services (HHS), asking courts to declare Section 504 unconstitutional. Section 504 is part of the Rehabilitation Act of 1973. It protects people with disabilities from discrimination and gives them equal access to federally funded services such as education, employment and healthcare.
The lawsuit came in the wake of the Biden administration’s update to Section 504 to include gender dysphoria as a disability in some circumstances. It received intense criticism from disability rights advocates who said it threatened to upend more than 50 years of established law.
Now the states have released a status report that seemingly walks back the original case. They noted that it was not their intention to declare Section 504 unconstitutional, writing: Plaintiffs clarify that they have never movedand do not plan to movethe Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face.”
However, disability advocates warn that this status report does not actually mean anything substantial and, in fact, disability rights are still under threat.
The attorneys general obviously got a lot of pushback,” says Alison Barkoff, a professor at George Washington University who led HHS’s Administration on Community Living under the Biden administration. “Some responded to the pushback saying that they were going to drop the claim. That didnt happen. They didnt change the complaint. They didnt drop out of the case.”
In other words, the status update is little more than legalese. It says, The context of the entire Complaint . . . is an as-applied challenge to any purported application of Section 504 to funds that are not authorized by the Rehabilitation Act.
What does this mean? According to Barkoff, the states are saying that Section 504 only applies to the handful of programs that the Rehabilitation Act directly funds, such as state vocational rehabilitation programs and some employment programs. She points out that healthcare programs are funded through Medicare and Medicaid, and educational services such as 504 plans are funded through the Department of Education. These are all still at risk if the states were to win the court case.
She notes that the court required a status update by February 25, and this was filed a few days earlierprobably because of the pushback the original case received.
Currently, the case is on pause at the request of both the states and HHS.
What happens next?
There are a few possible paths forward.
First, HHS could decide it will step in to defend Section 504. The current Trump administration, according to Barkoff, has made its stance on gender dysphoria very clear, and it is unlikely that HHS will defend anything regarding gender dysphoria. However, it’s unclear what the implications of this will be for Section 504 as a whole.
Second, HHS could decide not to fight and another party, such as a disability rights organization, could step in to defend Section 504.
Third, during the pause, HHS could decide to change Section 504 to address the states grievances in hopes that its enough for the states to drop the lawsuit.
Barkoff was unwilling to speculate on the future of disability rights, she but urges people to contact their state attorney general and educate him or her on the importance of Section 504.
The case that has been filed is very concerning and we have to take it seriously, she says.
David Droga is a legendary advertising creative and executive. Hes also CEO of Accenture Song, one of the largest advertising and marketing services firms on the planet.
For those two reasons, we kick off Brand New World with Droga at the 2024 Cannes Lions Festival of Creativity. Why there and then? Its the worlds biggest convergence of media, marketing, entertainment, technology, and brands, and a mirror of what’s happening and a bellwether of what’s to come, on a global scale. Theres no better time and place to start a conversation about how brands, and the marketing and advertising industries, are approaching AI at this crucial and nascent moment.
In this episode, I talked to Droga about what Accentures $3 billion commitment to AI means for his work, how it compares to the first digital revolution two decades ago, where it may be headed in the not-so-distant future, and the impact it will have on the art of persuasion and pop culture.
On AI’s existential threats
Fundamentally, I think we have to look beyond job preservation. This is not about preserving specific jobs within an agency. What we look at is what it unleashes for the skillsets that you have, and how you can parlay that into new things.
AI is going to open up possibilities that we don’t understand quite yet and allow us to do things we wish we could have done, or didn’t anticipate being able to do. And if we have that attitude, then we will move forward.
On AI vs human creativity
Not all creativity is worth saving. I know that’s a provocation, that’s probably going to annoy some people. But I really mean it, because just turn on the TV. Look at most advertising. Look at most of the stuff that follows you online. Who wrote this shit? Who’s creating this stuff? Does that need saving? A lot of it’s written by something more alarming than AI, which is research and conformity. And that’s why it’s bland.
Now, what’s interesting about that is, that it does not erase the need for incredible things, innovative things. Things that touch you and [allow you to] experience the new. There’s always room for things that are really, really wonderful and delightful. That’s where our role as creators and shapers is always going to be needed and necessary. That’s where my optimism is.
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If youre feeling a little apprehensive about your next flight because of Trump administration policies, thats not unreasonableand not just because Elon Musk and the so-called Department of Government Efficiency fired hundreds of workers at the FAA, including some whose roles supported air safety, according to a union representing workers. Now, job cuts are imminent at NOAA, the agency in charge of weather forecastingwhich supports air travel with critical data and analysis around the clock.
NOAA’s work “isn’t a ‘nice’ thing to havethis is an absolute essential for aviation,” says Rick Spinrad, who served as NOAA administrator until January. “I would argue that NOAA’s weather information is as important as jet fuel to the aviation industry. You can’t fly without it.”
The agency has 22 weather service units around the country that provide detailed analysis and support to FAA air traffic controllers as the weather changes. “They provide all of the information that’s used to make predictions about delays, times, flight times, optimal routes for the aircraft, and this has been done for decades,” Spinrad says. “That’s one critical function. There are literally hundreds of NOAA weather service employees who are involved in providing that information to the FAA. This is not just when there’s a storm. This is all the time, 24/7/365.”
NOAA also operates and maintains hundreds of automated observation systems at airports that track things like precipitation, cloud cover, and temperature so the FAA can clear flights for landing and takeoff.
The agency also tracks weather in space, including solar flares and geomagnetic storms that can disrupt GPS navigation and communication systems. “NOAA has the responsibility for space weather forecasts,” Spinrad says. “We’ve seen that being used to redirect flights. If you’re flying from San Francisco to New York, if there’s a solar storm and it may impact GPS, your flight may be redirected to the south.”
Internal weather teams at major airlines also rely on NOAA data. So do the private companies that offer weather forecasting; it’s not the case that NOAA’s work in this area could be easily replaced. “There really is no substitute,” says Spinrad. “NOAA is the primary source.”
“If NOAA gets broken up and privatized, like Project 2025 recommends, the threats to aviation safety will increase dramatically,” says Jeff Masters, the cofounder of Weather Underground, who now writes for Yale Climate Connections. “The aviation industry heavily relies on NWS forecasts for safety. While private companies add value, they ultimately build on the foundation of NWS-provided weather information, and the years-long transition period to a system where private companies do aviation forecasting would bring chaotic and unpredictable consequences to a system that needs utmost stability. ‘If it ain’t broke, don’t fix it!’ definitely applies here.”
In fact, private weather companies have been successful because of their reliance on NOAA forecasts, Spinrad wrote in a recent LinkedIn post:
Its NOAA that operates 122 Doppler weather radars, 16 environmental satellites, 15 ships (that provide accurate nautical charts and sustainable seafood), and 10 airplanes (including the Hurricane Hunters, and the planes that monitor atmospheric rivers). Without NOAA, someone would have to pick up the bill for all of those assets, and their continuing operations and maintenance costs. And that someone will be the privileged few willing to pay the private sector the fees and subscriptions that would have to be charged… Wanna know when that hurricanes going to make landfall, or where those tornadoes are going? Pay up.
It’s not clear yet which specific jobs at NOAA will be cut. (A NOAA spokesperson said that the agency could not discuss internal personnel and management matters based on long-standing policy.) But it was arguably already understaffed: The agency has around 12,000 employees now, which is small for its duties. Spinrad argues that it needs around 5,000 more workers to fully meet its mission.
