News & Analysis as of

Anti-Discrimination Policies Diversity and Inclusion Standards (D&I) Federal Contractors

Husch Blackwell LLP

DE&I Rollbacks: Are Banks in the Crosshairs?

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In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...more

Polsinelli

DOJ Announces Intent to Use False Claims Act To Target Diversity and DEI Initiatives

Polsinelli on

At a Glance The Department of Justice (DOJ) will use the False Claims Act (FCA) to investigate and pursue claims against entities that violate federal civil rights laws, including anti-discrimination and equal employment...more

Robinson+Cole Manufacturing Law Blog

Filing EEO-1 Reports in 2025: Key Points Employers Need to Know

Every year, private sector employers with 100 or more employees, and federal contractors with 50 or more employees who met certain criteria, are required to submit workforce demographic data to the federal Equal Employment...more

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Hahn Loeser & Parks LLP

DOJ Civil Rights Fraud Initiative Set to Target Federal Government Contractors and Grantees

The U.S. Department of Justice (DOJ) launched the Civil Rights Fraud Initiative (the “Initiative”), which was announced on May 19, 2025 via Memorandum from Deputy Attorney General, Todd Blanche, and a related press release...more

Kilpatrick

DOJ Announces Plans to Use False Claims Act to Target Anti-Semitism and DEI Policies

Kilpatrick on

In the first five months of this administration, it is clear that one of the foremost concerns of President Trump’s agenda is its focus on Diversity, Equity, and Inclusion (“DEI”) initiatives. Issued in January 2025,...more

Foley & Lardner LLP

DOJ Ramps Up Anti-DEI Enforcement

Foley & Lardner LLP on

On May 19, 2025, the Department of Justice (DOJ) announced its Civil Rights Fraud Initiative, outlining its plan to use the civil False Claims Act (FCA) to investigate and pursue claims against those who “certify compliance...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ announces Civil Rights Fraud Initiative

Feds continue to focus on contractors’ DEI programs. Deputy U.S. Attorney General Todd Blanche issued a Memorandum on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce...more

McDermott Will & Emery

Understanding and Navigating Compliance with NIH Grant DEI Policies

McDermott Will & Emery on

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the...more

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

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

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

Frantz Ward LLP on

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

Berkshire

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

Berkshire on

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

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

Balch & Bingham LLP on

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

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

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Mintz - Employment Viewpoints

Practical Policies: Discerning DEI Discrimination

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Orrick, Herrington & Sutcliffe LLP

Foreign Contractors Face New U.S. DEI Certification Requirements

Foreign companies with U.S. government contracts are facing new scrutiny. Media outlets are reporting that the U.S. Embassy in Paris has ordered dozens of French companies with U.S. government contracts to certify, pursuant...more

Morgan Lewis

EEOC and DOJ Issue Guidance on Discrimination Related to DEI under Title VII

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) issued two guidance documents on March 19, 2025 detailing their views on discrimination related to diversity, equity, and inclusion...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Womble Bond Dickinson

Appeals Court Lifts Injunction on Pair of DEI-Targeting Executive Orders: What It Means for Federal Contractors and Grantees

Womble Bond Dickinson on

A panel of the United States Court of Appeals for the Fourth Circuit lifted a nationwide injunction, allowing the Trump administration to resume implementation of a pair of executive orders targeting diversity, equity, and...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Troutman Pepper Locke

The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

Troutman Pepper Locke on

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more

BakerHostetler

Steps Employers Should Be Taking Amid Trump DEI Executive Orders and Ensuing Legal Challenges

BakerHostetler on

Hours after taking office, Trump signed a stack of executive orders to implement his agenda, including several that take aim at DEI programs. The executive orders claim that DEI policies and programs violate federal civil...more

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