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Diversity and Inclusion Standards (D&I) Executive Orders Affirmative Action

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

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On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

Seyfarth Shaw LLP

OFCCP Issues Proposals to Rescind EO 11246 Regulations and Modify Section 503 and VEVRAA Regulations

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On July 1, 2025, OFCCP published in the Federal Register a set of proposals to rescind the regulations implementing Executive Order 11246 and to modify the regulations implementing Section 503 of the Rehabilitation Act and...more

Fisher Phillips

Trump Administration Asks Federal Contractors to Share Affirmative Action “Wind Down” Efforts: What Should You Do?

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Back in January, President Trump unraveled key affirmative action requirements for federal contractors and barred “illegal” DEI programs. Now federal contractors have been asked to voluntarily share how they’ve adjusted their...more

Seyfarth Shaw LLP

OFCCP Issues Invitation to Voluntarily Report Efforts to Comply with Executive Order 14173

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Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

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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

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

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On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Wiley Rein LLP

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

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The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...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

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

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

Morrison & Foerster LLP

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

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

Patterson Belknap Webb & Tyler LLP

Trump Administration Announces False Claims Act Investigation Into Harvard

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

Wiley Rein LLP

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

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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

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on

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

DLA Piper

DEI Under the Trump Administration: Recent Developments for Employers

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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

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

The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

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

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

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

FordHarrison

Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump)

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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

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

Hahn Loeser & Parks LLP

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

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

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

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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

Goodwin

Trump’s Executive Orders on DEI

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Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more

Berkshire

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

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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

DCI Consulting

Former OFCCP Officials Pen Open Letter to Federal Contractors

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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

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

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