On March 26, 2026, the White House issued an Executive Order (2026 DEI Executive Order) imposing new obligations on federal contractors to provide evidence of the elimination of racially discriminatory Diversity, Equity, and...more
3/31/2026
/ Contract Terms ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Race Discrimination ,
Recordkeeping Requirements ,
Reporting Requirements ,
Subcontractors
This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously...more
2/11/2026
/ Corporate Counsel ,
Disparate Impact ,
Disparate Treatment ,
Diversity and Inclusion Standards (D&I) ,
Employer Responsibilities ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
OFCCP ,
Reverse Discrimination ,
Title VII
On December 12, 2025, Illinois Governor Pritzker signed into law SB 2339 (“Amendment” or “SB 2339”), which amends the Right to Privacy in the Workplace Act. The law increases protections for workers’ privacy and restricts...more
2/2/2026
/ E-Verify ,
Employee Privacy Rights ,
Employee Rights ,
Employer Responsibilities ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Illinois ,
Immigration Procedures ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
State Labor Laws ,
State Privacy Laws
Eva Peron’s farewell song from “Evita” comes to mind as the Office of Federal Contract Compliance Programs (OFCCP or Agency) loses its authority and prepares to take its final bow. Aligning with the Administration’s efforts...more
1/15/2026
/ Affirmative Action ,
Data Collection ,
Department of Labor (DOL) ,
Enforcement Actions ,
Enforcement Authority ,
Federal Contractors ,
Notice of Proposed Rulemaking (NOPR) ,
OFCCP ,
Proposed Rules ,
Regulatory Reform ,
Section 503 ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Beginning on October 29, 2025, covered employers in Massachusetts are required to disclose the minimum and maximum amount of compensation that an employer reasonably and in good faith expects to pay for a particular and...more
12/15/2025
/ Anti-Retaliation Provisions ,
Disclosure Requirements ,
Employee Rights ,
Employer Responsibilities ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
Pay Transparency ,
Penalties ,
Recruitment Policies ,
Regulatory Requirements ,
Retaliation ,
State Labor Laws ,
Wage and Hour
Amendments to the Illinois Workplace Transparency Act (WTA) under HB 3638 introduce new requirements and restrictions on employment agreements addressing workplace misconduct, effective for agreements entered into, modified,...more
11/7/2025
/ Arbitration Agreements ,
Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Confidentiality Agreements ,
Employee Rights ,
Employer Responsibilities ,
Employment Contract ,
Illinois ,
Labor Relations ,
New Legislation ,
Protected Concerted Activity ,
Restrictive Covenants ,
Settlement Agreements ,
State Labor Laws ,
Statute of Limitations ,
Title VII ,
Transparency ,
Unenforceable Contract Terms ,
Whistleblowers
Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for the second part of a two-part discussion on employee restrictive covenants, including noncompete agreements.
Tom begins this...more
Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for a two-part discussion on employee restrictive covenants, including noncompete agreements. Our conversation kicks off with a...more
The Massachusetts legislature passed the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, culminating a longstanding effort to balance employers’ rights to protect legitimate business interests—such as trade...more
8/7/2025
/ Appeals ,
Breach of Contract ,
Contract Interpretation ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Statutory Interpretation
The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more
6/16/2025
/ Affirmative Action ,
Bias ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Harassment ,
OFCCP ,
Race Discrimination ,
Religious Accommodation ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC)...more
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay, pending appeal, a nationwide preliminary injunction issued by the U.S. District Court for the District of...more
Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21,...more
2/25/2025
/ Anti-Discrimination Policies ,
Compliance ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
First Amendment ,
Popular ,
Preliminary Injunctions ,
Trump Administration
Executive Order (E.O.) 11246 was issued by President Lyndon Johnson in 1965 to combat discrimination in employment (following the then-recent passage of the Civil Rights Act of 1964) by requiring federal contractors and...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Disability Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Donald Trump ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Section 503 ,
Title VII ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more
7/12/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Protection ,
Federal Contractors ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
OFCCP released the national annual veteran hiring benchmark effective March 31, 2023, which measures the national percentage of veterans in the civilian labor force. Federal contractors are required to compare their...more
Effective March 31, 2023, OFCCP rescinded the Trump administration’s Final Rule, Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption (Final Rule). The Final Rule was issued in December...more
UPDATE: On February 14, 2023, OFCC announced it was extending the February 17, 2023 deadline to file objections to the disclosure of Type 2 EEO-1 data. The new deadline to submit objections is March 3, 2023.
On or about...more
On or about February 7, 2023, OFCCP updated its announcement regarding the OFCCP list of 13,520 federal contractors (List of Non-Objectors or List) that have not objected to the release of their Type 2 EEO-1 data for the...more
The Office of Federal Contract Compliance Programs (OFCCP) has made several announcements, including Directives, Notices, and Proposals in their quest to embark on initiatives that significantly impact federal contractors’...more
The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance...more
The Department of Energy (DOE) through the Office of Science (SC) has announced that beginning in FY 2023, all DOE funding solicitations, including the Office of Science Funding Opportunity Announcements (FOAs) and DOE...more
Key Points-
•On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors” from employees under the Fair...more
On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more
9/19/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Department of Justice (DOJ) ,
Disability Discrimination ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1...more