News & Analysis as of

Office of Federal Contract Compliance Programs Constitutional Challenges

Hahn Loeser & Parks LLP

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and...more

DCI Consulting

Former OFCCP Officials Pen Open Letter to Federal Contractors

DCI Consulting on

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

Benesch

Trump’s Anti-DEI Agenda Remains at Center Stage

Benesch on

Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

Foley & Lardner LLP on

As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

Hahn Loeser & Parks LLP

Executive Order 14173 Injunction and Updates

On January 21, 2025, President Trump signed Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”). As was noted in our February 10, 2025, article, the Order amounted...more

Berkshire

Another Lawsuit Challenges Trump’s Anti-DEI Orders

Berkshire on

Yet another challenge has been launched against President Trump’s anti-DEI executive orders, particularly EO 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal...more

DCI Consulting

Second Challenge to Anti-DEIA Executive Orders

DCI Consulting on

The National Urban League, National Fair Housing Alliance, and AIDS Foundation of Chicago have come together to challenge a series of Executive Orders (EO) issued by President Trump including EO 14151, “Ending Radical and...more

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

Beltway Buzz - February 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jones Day

Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

Jones Day on

A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

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

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

Fenwick & West LLP on

Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

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

Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction

Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United...more

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

Civil Rights Lawsuit Filed to Strike Down EO 13950

On October 29, 2020, the National Urban League and the National Fair Housing Alliance (represented by the NAACP Legal Defense and Education Fund, Inc.) filed a complaint challenging the constitutionality of Executive Order...more

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