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EEOC and DOJ Issue Guidance and Warnings on DEI-Related Discrimination at Work

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) published two technical assistance guides regarding the agencies’ views on what may constitute unlawful...more

Fourth Circuit Allows Anti-DEI Executive Order Provisions Involving Federal Contractors and Grantees to Proceed

On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a nationwide preliminary injunction that previously halted parts of two DEI-related executive orders signed by President Donald...more

Federal Court Temporarily Blocks Parts of Executive Orders Impacting DEI in Government Contracting

On Feb. 20, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland (Baltimore) issued a preliminary injunction enjoining aspects of the enforcement of two executive orders signed by President...more

New Executive Order Revokes Executive Order 11246 and Targets Employer DEI Efforts

On Jan. 22, 2025, President Donald Trump issued a new executive order titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity,” which revoked Executive Order 11246 and directs federal enforcement agencies...more

OFCCP Publishes New Corporate Scheduling Announcement List of 2,000 Contractor Sites for 2024-2025 Audits

On Nov. 20, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 2,000...more

OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge spoke on July 30, 2024, to a live audience at the 2024 National Industry Liaison Group (NILG) Conference in Orlando, Florida. As part of her...more

OFCCP Publishes New Corporate Scheduling Announcement List Targeting Larger Affirmative Action Programs for New Audits

On June 7, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 500...more

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

OFCCP Publishes Fall Corporate Scheduling Announcement List of Federal Contractor Audit Targets

On Sept. 8, 2023, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000...more

OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors

On Aug. 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the federal Office of Management and Budget had approved a new version of OFCCP’s scheduling letter and itemized listing. Such forms...more

New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations

On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal...more

Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims

On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more

OFCCP Now Demands Proof of Compliance With Vague Regulatory Compensation Self-Evaluation Rules

On March 15, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-01, marking a dramatic change in longstanding agency practice regarding contractor...more

Mandatory Vaccination Coverage Expanded in Practice for All Federal Contractors and Subcontractors

As McGuireWoods noted in a Sept. 10 alert, Sept. 20 FAQs and Sept. 27, 2021 update, part of the Biden administration’s COVID-19 vaccination mandates applies only to federal contractors and subcontractors. And, even then, the...more

And Now the Other Shoe: Employee COVID-19 Vaccination Guidance Issued for Federal Contractors and Subcontractors

As McGuireWoods noted in a Sept. 10, 2021 alert and in Sept. 20, 2021 FAQs, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main components — one of which applies only to certain...more

OMB Authorizes OFCCP’s New AAP Certification Requirement for Federal Contractors and Subcontractors

On Aug. 31, 2021, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) request under the Paperwork Reduction Act for authority to require covered federal contractors...more

New York Adopts Statewide Sick and Safe Leave Law

On April 3, the state of New York amended the New York Labor Law to provide sick and safe leave for all New York employees, joining the numerous states and local governments that have done the same for their citizens. Those...more

Blacklisting Regulations for Government Contractors

On March 27, 2017, President Trump signed a joint resolution from Congress invalidating the “blacklisting” regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive Order. The president also issued...more

New Rules for Cleared Contractors Starting Nov. 30

Earlier this year, the Defense Security Service (DSS) issued new rules for all government contractors that hold facility security clearances. Several of the new rules, which relate to “inside threats,” take effect Wednesday,...more

Government Contractor “Blacklisting” Regs Take Effect Oct. 25 — Fast Facts

The controversial new Fair Pay and Safe Workplaces rules begin to phase in starting Oct. 25, 2016. The regulations, mandated by President Obama’s executive order and now being implemented in the Federal Acquisition...more

Administration Releases Final Blacklisting Regulations for Government Contractors

On August 24, 2016, the Obama administration published the Federal Acquisition Regulatory Council’s final rule and the Department of Labor’s (DOL’s) guidance implementing the July 31, 2014 “Fair Pay and Safe Workplaces”...more

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