#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law This Week®
False Claims Act Insights - Can DE&I Initiatives Lead to Potential False Claims Act Liability?
How to Comply with Trump’s Executive Order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity
2025 Outlook: The Department of Health and Human Services Under the Second Trump Administration – Diagnosing Health Care
#WorkforceWednesday®: How Will Trump’s Federal Changes Impact Employers? - Employment Law This Week®
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
#WorkforceWednesday: NLRB Wants Shuttered Starbucks Stores Reopened, Big Tech Retreats from DEI Programs, and Employers Scrap College Requirements - Employment Law This Week®
#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs
DE Under 3: How to Lawfully Engage in Race-Based Employment Decisions
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
DE Under 3: 4 Implications Impacting Federal Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases
DE Under 3: SCOTUS Finds “Race-Based” Admissions Practices At Harvard and UNC Unlawful
DE Under 3: The Harvard and UNC Case Decisions Are Coming
DE Talk | Top 5 Actions to Take After You Complete Your Affirmative Action Plan
An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services Industry, with Special Guest Naomi Mercer, Senior Vice President for Diversity, Equity, and Inclusion, American Bankers
On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)...more
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more
The 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting...more
On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims...more
On May 19, the US Department of Justice (DOJ) announced a novel use of the False Claims Act (FCA) to enforce Trump Administration policies against antisemitism, gender identity and expression, and diversity, equity, and...more
As of May 20, 2025—EEO-1 data collection is open. The deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. The EEOC stated there will be no extensions, so covered employers should act promptly to file their...more
On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...more
On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more
On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more
Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more
The Minnesota Department of Human Rights (MDHR) recently updated several documents on its website for Minnesota government contractors, including the workforce certificate application, affirmative action program template (now...more
In February, I wrote about a proposed offering that involved a racially based share allocation scheme. Last month, it appeared that the offering was stalled at the Securities and Exchange Commission. Recently, the company,...more
Federal agencies have been enforcing President Donald Trump’s Executive Orders (EOs), with various federal and state government agencies mobilizing to carry out EO 14173, “Ending Illegal Discrimination and Restoring...more
On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more
On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more
Welcome to FP’s First 100 Days Report for Employers. The first 100 days of any new administration set the tone for what’s to come—and in 2025, that tone has been unmistakable: bold, fast-moving, and deeply consequential for...more
On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....more
States the policy of the Administration to support Historically Black Colleges and Universities (HBCUs) in fostering more and better opportunities in higher education and ensuring college-educated Americans are empowered to...more
Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs. Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more
On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23...more
A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits...more
Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more
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
On April 11, 2025, a group of forty Democratic lawmakers sent a letter to U.S. Secretary of Labor Lori Chavez-DeRemer urging her to “abandon plans to dismantle [the Office of Federal Contract Compliance Programs] and reaffirm...more
On April 15, 2025, ten former Department of Labor (DOL) officials from the Office of Federal Contract Compliance Programs (OFCCP) and Office of the Solicitor (SOL)—including former Directors Jenny Yang and Pat Shiu—released...more