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
4/1/2025
/ Chevron Deference ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
New Guidance ,
Reverse Discrimination ,
Title VII ,
Trump Administration
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
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
2/13/2025
/ Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Minimum Wage ,
Non-Delegation Doctrine ,
SCOTUS ,
Trump Administration ,
Wage and Hour
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
2/7/2025
/ Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Employment Discrimination ,
Executive Orders ,
First Amendment ,
Government Agencies ,
Preliminary Injunctions ,
Separation of Powers ,
Trump Administration
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
1/31/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Title VII ,
Trump Administration
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
1/29/2025
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Trump Administration
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
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Requirements ,
Subcontractors ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
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
1/20/2025
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Bans ,
Federal Contractors ,
New Legislation ,
Title VII
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
5/20/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements
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
9/1/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Statutory Authority ,
Vaccinations
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
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing
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