The U.S. Department of Justice (DOJ) has begun issuing civil investigative demands (CIDs) to federal contractors and grantees seeking documents and information related to their diversity, equity, and inclusion (DEI)...more
8/28/2025
/ Anti-Discrimination Policies ,
Civil Investigation Demand ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Discovery ,
Diversity and Inclusion Standards (D&I) ,
Electronically Stored Information ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
Grants ,
Investigations
On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more
8/15/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
New Guidance ,
Reverse Discrimination ,
Title IX ,
Title VII
The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more
3/10/2025
/ Corporate Counsel ,
Department of Labor (DOL) ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Hiring & Firing ,
Retaliation ,
State Labor Laws ,
WARN Act
On February 21, 2025, a federal district court in Maryland issued a nationwide injunction, temporarily preventing enforcement of three key provisions of President Trump’s executive orders targeting DEI programs. Specifically,...more
2/24/2025
/ Appeals ,
Compliance ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Trump Administration
On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more
2/7/2025
/ Affirmative Action ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Risk Management ,
Risk Mitigation ,
Trump Administration ,
Whistleblowers
On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with...more
On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it...more
With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the...more
4/6/2022
/ Audits ,
Corporate Counsel ,
CSALs ,
Equity ,
Extraordinary Circumstances Exception ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Notice of Proposed Rulemaking (NOPR) ,
OFCCP ,
Subcontractors ,
Title VII ,
Transparency
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually...more
On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is...more
9/27/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Employees ,
Department of Labor (DOL) ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Religious Exemption ,
Remote Working ,
Service Contract Act ,
Social Distancing ,
Vaccinations
On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) released a list of nearly 900 federal supply and service contractors and subcontractors that it will be sending Corporate Scheduling...more
Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new...more
2/24/2020
/ ABC Test ,
Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Misclassification ,
Non-Compete Agreements ,
Paid Leave ,
Pay Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour