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Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Federal Court Issues Preliminary Injunction on Trump Anti-DEI Orders

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction in favor of Plaintiffs National Association of Diversity Officers in Higher Education, the American Association of...more

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Lawsuit Challenges Trump DEI Executive Orders

On February 3, 2025, the city of Baltimore and three organizations filed a lawsuit in the U.S. District Court for the District of Maryland opposing the recent Trump administration executive orders (EO) focused on eliminating...more

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

Proxy Season and the Administration’s New DEI Order

As part of its campaign promise to target diversity, equity, and inclusion (DEI) programs and practices, the new administration issued a January 21, 2025, Executive Order entitled “Ending Illegal Discrimination and Restoring...more

EO 11246 Rescinded: Major Shift for Federal Contractors

Today, the new administration issued an Executive Order (EO) related to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  The action rescinded Executive Order 11246, upending the...more

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

OFCCP Releases New AI Guidance for Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

Federal Contractor Vaccine Mandate Blocked in Nationwide Injunction

On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols. In a 28-page decision, the district court determined that the...more

Federal Contractors Bracing for Implementation of Vaccine Mandate

Last week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance. The COVID EO directs...more

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