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Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...more

OFCCP White House Budget Proposes Elimination of OFCCP

The White House has released the President’s fiscal 2026 budget proposal, along with a technical supplement appendix with detailed budget estimates. Of particular interest to federal contractors, the proposal seeks to...more

DOJ Launches Civil Rights Fraud Initiative to Investigate DEI Initiatives of Federal Fund Recipients and Contractors

The Department of Justice (DOJ) confirmed this week that it will be using the False Claims Act (FCA) to investigate recipients of federal funds that the agency determines have certified compliance with federal...more

2024 EEO-1 Reporting Update

The 2024 EEO-1 Component 1 data collection appears to be moving forward, according to documents recently submitted for approval by the White House Office of Management and Budget (OMB). According to the proposed 2024 EEO-1...more

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

In the ongoing public discussion about the implications of President Trump’s Executive Order 14173 a new “open letter” was issued this week from ten former OFCCP officials. The former officials offer their views about the...more

OFCCP to Re-Open Audits in Effort to Purge Private Sector “DEI”

Prominent and respected news outlets are reporting that the newly-minted Director OFCCP announced to OFCCP staff via email that she will be completing an extensive review of the agency’s activities and outlined how she...more

EEOC Investigating Prominent Law Firms for Potential DEI “Violations”

Andrea Lucas, the Acting Chair of the EEOC, took an unprecedented step earlier this week by sending letters to 20 prominent law firms demanding information regarding specific “DEI”-related employment practices. According to...more

Federal Contractor Minimum Wage Mandate Revoked

Federal contractor employers are no longer subject to special federal minimum wage rates for work performed on or in connection with certain federal contracts. Late last week President Trump issued what might be described as...more

America First Legal Calls on OFCCP to Investigate Contractors

America First Legal Foundation (AFL)—a nonprofit organization founded by current White House Deputy Chief of Staff Stephen Miller—has made headlines calling for federal investigations of a wide range of U.S. companies,...more

Another Lawsuit Challenges Trump’s Anti-DEI Orders

Yet another challenge has been launched against President Trump’s anti-DEI executive orders, particularly EO 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal...more

GSA Changes Federal Contracts to Implement EO 14173; Certification, Other Provisions On Hold

Last week, there were two important developments for federal contractors seeking to understand how President Trump’s Executive Order 14173 titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” will...more

Trump Administration Sued A Second Time Over DEI-Related Executive Orders

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection...more

Sixteen State Attorneys General: “DEI Best Practices Are Not Illegal”

The Attorneys General of Massachusetts and Illinois, joined by the Attorneys General of 14 other states (Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon,...more

Post EO 11246, State Standards Move to the Forefront

We have been receiving a lot of questions since the revocation of E.O. 11246, and the majority of them can be boiled down to, “What do we do now?” ...more

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