News & Analysis as of

Affirmative Action

Arnall Golden Gregory LLP

DOJ Reportedly Using False Claims Act to Scrutinize Federal Contractor DEI Practices

Key Takeaways - DOJ is reportedly conducting active False Claims Act investigations into federal contractors’ DEI hiring practices, using civil probes and document demands to examine compliance with federal nondiscrimination...more

DCI Consulting

OFCCP Seeks to Renew VEVRAA Enforcement Authority

DCI Consulting on

Blog Overview: The Office of Federal Contract Compliance Programs (OFCCP) published an Information Collection Request on January 7, 2025, seeking reauthorization to enforce Vietnam Era Veterans' Readjustment Assistance Act...more

Berkshire

Disability Status Resurveys Are Still Required

Berkshire on

Disability self-identification has been in the spotlight lately, especially for federal contractors watching potential changes to Section 503 of the Rehabilitation Act of 1973 (Section 503). However, in this changing...more

McGuireWoods LLP

Recipients of Federal Education Funds Should Reassess Programs Following DOJ Findings on Race

McGuireWoods LLP on

In the wake of a Dec. 2, 2025, analysis by the U.S. Department of Justice (DOJ) of race-based programs awarded by the U.S. Department of Education (ED), educational institutions receiving or administering federal education...more

Kelley Drye & Warren LLP

Labor & Employment Law Roundup: 2025 in Review and 2026 Outlook, Part 1 of 2

As 2025 comes to a close, the new year offers an opportunity to take a look back at the trends and developments that have shaped labor and employment law over the past year, and what it might indicate about the landscape in...more

Dorsey & Whitney LLP

Justice Department Eliminates Disparate-Impact Liability Under Title VI

Dorsey & Whitney LLP on

On December 9, 2025, the Justice Department (“DOJ”) issued a final rule eliminating disparate impact liability from its enforcement regulations for Title VI of the Civil Rights Act of 1964 (the “Final Rule”), overturning a...more

Jackson Lewis P.C.

DOT Removes Racial + Ethnic ‘Social Disadvantage’ Presumption from Disadvantaged Business and Airport Concession Disadvantaged...

Jackson Lewis P.C. on

The Department of Transportation (DOT) issued an interim final rule (IFR) modifying the regulation implementing the Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)...more

Jenner & Block

Client Alert: DOJ Eliminates Disparate-Impact Liability Under Title VI. What’s Next?

Jenner & Block on

On December 9, 2025, the Department of Justice (DOJ) published a final rule rejecting the use of disparate-impact liability, i.e., holding entities liable for discrimination due to a policy’s disproportionate effect on a...more

Freeman Mathis & Gary

A measured shift in Title VI enforcement: what employers and HR leaders should know

Freeman Mathis & Gary on

On December 9, 2025, the U.S. Department of Justice finalized revisions to its Title VI regulations under the Civil Rights Act of 1964. The updated rule narrows DOJ enforcement exclusively to cases involving intentional...more

McGuireWoods LLP

DOJ Promulgates Final Rule Removing Disparate Impact Regulations Under Title VI

McGuireWoods LLP on

The DOJ issued a final rule on Dec. 9, 2025, entitled “Rescinding Portions of Department of Justice Title VI Regulations to Conform More Closely with the Statutory Text and to Implement Executive Order 14281.” ...more

Ballard Spahr LLP

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for...

Ballard Spahr LLP on

On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The...more

Robinson & Cole LLP

Legal Update: Ready for Change? 2025 Labor and Employment Law Updates for Connecticut Unpacked

Robinson & Cole LLP on

Connecticut lawmakers were busy throughout 2025 enacting labor and employment-related legislation that is already impacting the workplace. Understanding these critical legal updates is essential for employers seeking to...more

Polsinelli

OFCCP Raises Jurisdictional Thresholds Under Two Equal Employment Opportunity Mandates

Polsinelli on

Key Highlights - Under Section 503 of the Rehabilitation Act (Section 503) (extending protection to individuals with disabilities), the basic coverage threshold increased from $15,000 to $20,000....more

Berkshire

Updated Thresholds for Section 503 and VEVRAA

Berkshire on

Last week, the Office of Federal Contract Compliance Programs (OFCCP) released new jurisdictional thresholds for Section 503 of the Rehabilitations Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Raises Jurisdictional Thresholds for Section 503 and VEVRAA

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced inflation-based increases to the jurisdictional thresholds under Section 503 of the Rehabilitation Act and the Vietnam Era...more

BCLP

EEOC Pursues DEI Enforcement in Federal Court

BCLP on

Diversity, Equity, and Inclusion (“DEI”) took center stage just over ten months ago when President Donald Trump signed a series of DEI-related executive orders, including Executive Order 14173, which terminated most federal...more

Fisher Phillips

OFCCP Announces Increased Jurisdictional Thresholds for VEVRAA and Section 503: What Federal Contractors Should Do Now

Fisher Phillips on

The Office of Federal Contract Compliance Programs (OFCCP) just announced updated jurisdictional thresholds for two key federal affirmative action laws: the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and...more

Jackson Lewis P.C.

Lawsuit Challenges Racial + Ethnic ‘Social Disadvantage’ Presumption in SBA and Other Federal Supplier Diversity Programs

Jackson Lewis P.C. on

On Nov. 17, 2025, Revier Technologies, Inc. and Young America’s Foundation (YAF) filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana seeking to invalidate the Small Business Administration (SBA)...more

Jackson Lewis P.C.

OFCCP Updates Veteran and Disability Jurisdictional Thresholds for Federal Contractors

Jackson Lewis P.C. on

As of October 1, 2025, the jurisdictional thresholds for two key regulations impacting federal contractors—the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)—have...more

DCI Consulting

OFCCP Announces Updated Section 503 and VEVRAA Thresholds

DCI Consulting on

BLOG OVERVIEW: OFCCP has released new minimum contract thresholds for federal contractors and subcontractors. These thresholds help determine whether employers must adhere to requirements stemming from Section 503 of the...more

Proskauer - Government Contractor Compliance...

OFCCP Increases Section 503 and VEVRAA Jurisdictional Thresholds

In a bulletin issued on November 25, 2025, the OFCCP announced that, as of October 1, 2025, the federal contractor and subcontractor jurisdictional thresholds for individuals with disabilities pursuant to Section 503 of the...more

Littler

OFCCP Announces Increase in the Contract Amounts Triggering Federal Affirmative Action Obligations

Littler on

Employers doing business with the federal government may be required to maintain affirmative action programs for individuals with disabilities and veterans depending on the dollar value of their contracts....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ACTS Targets Selective Institutions: What Counsel and Admissions Need to Know

On November 13, 2025, the U.S. Department of Education proposed adding the “Admissions and Consumer Transparency Supplement (ACTS)” to IPEDS, narrowing applicability to selective four-year institutions, introducing targeted...more

Berkshire

Reminder: AAPs for Individuals with Disabilities, Protected Veterans

Berkshire on

Much of the focus over the last 10 months has been on the Trump Administration’s decision to end the requirement to prepare Affirmative Action Plans under Executive Order 11246. This change has created some confusion, with...more

Cohen Seglias Pallas Greenhall & Furman PC

Immediate and Drastic Changes in the DOT’s DBE Program: No More Race- and Sex-Based Presumptions

The U.S. Department of Transportation (DOT) issued an Interim Final Rule that eliminated the decades long presumption that women- and minority-owned businesses automatically qualify under a “presumed disadvantaged” status for...more

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