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DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims...more

DEI Risk Audits: Mitigate Risks and Protect Values

With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more

Unpacking the Trump Administration’s DEI Orders and Actions – FAQs and Action Plans - UPDATED February 19, 2025

Amidst the ongoing flurry of executive actions targeting Diversity, Equity, and Inclusion (“DEI”) programs and policies, causing confusion and disruption across the federal government and private sectors, companies are...more

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

OFCCP Releases Second List of Audits for 2023

On September 8, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a list of 1,000 establishments for supply and service federal contractors selected to receive advance audit notices known as Corporate...more

OFCCP’s New Burdensome Audit Scheduling Letter Approved

On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal...more

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more

OFCCP Releases New Audit List for 2023

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters...more

OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis

On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41...more

Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications

On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually...more

OFCCP Seeks Comments On Annual AAP Certification Proposal

Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce.  On September 14, 2020, the Office of Federal Contract Compliance Programs...more

OFCCP Issues New List Of Advance Audit Notices

On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) released a list of nearly 900 federal supply and service contractors and subcontractors that it will be sending Corporate Scheduling...more

OFCCP Issues National Interest Exemption For New Coronavirus Relief Contracts

On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a National Interest Exemption memorandum providing a limited, three-month exemption to new supply and service and...more

OFCCP Announces FY2019 Audits

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters...more

OFCCP Issues New Batch of Advance Audit Notices

On September 7, 2018, the Office of Federal Contract Compliance Programs (OFCCP) mailed Corporate Scheduling Announcement Letters (CSALs) to 750 contractor and subcontractor establishments. OFCCP sends CSALs to service and...more

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