The Office of Federal Contract Compliance Programs (OFCCP) continues to release policy updates despite its uncertain future. Today the U.S. Department of Labor (DOL) lifted its temporary suspension on enforcement activities...more
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
7/2/2025
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Deregulation ,
Disability Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Proposed Rules ,
Regulatory Reform ,
Rehabilitation Act ,
Section 503 ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
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
6/30/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Labor Reform ,
OFCCP ,
Regulatory Requirements ,
Reporting Requirements ,
Trump Administration
A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more
6/16/2025
/ Attorney-Client Privilege ,
Corporate Social Responsibility ,
Discovery ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Litigation Strategies ,
Pay Discrimination ,
Pay Equity Laws ,
Race Discrimination ,
Risk Management ,
Sex Discrimination ,
Wage and Hour ,
Work-Product Doctrine
Yesterday, the EEOC opened the Online Filing System (OFS) for the 2024 EEO-1 Component 1 data collection process. Covered employers have until June 24, 2025 to complete their submission....more
5/21/2025
/ EEO-1 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Filing Requirements ,
Final Rules ,
Gender Identity ,
New Guidance ,
OIRA ,
Portal ,
Regulatory Requirements ,
Reporting Requirements ,
Sex Discrimination
On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more
5/7/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Regulatory Reform ,
Standing ,
Trump Administration
The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and...more
4/28/2025
/ Data Collection ,
Discrimination ,
EEO-1 ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
Gender Identity ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements
On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more
4/25/2025
/ Artificial Intelligence ,
Department of Justice (DOJ) ,
Deregulation ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Federal Labor Laws ,
Government Agencies ,
Labor Reform ,
Machine Learning ,
Trump Administration
On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in...more
3/31/2025
/ Appeals ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
Preliminary Injunctions ,
TRO
On March 19, 2025, the EEOC issued two technical assistance documents addressing “DEI-related discrimination” in the workplace. The first document, issued jointly with the Department of Justice, is a one-pager titled “What To...more
3/20/2025
/ Affirmative Action ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Reverse Discrimination ,
Sex Discrimination ,
Title VII
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
3/17/2025
/ Anti-Discrimination Policies ,
Appeals ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Labor Reform ,
Trump Administration
On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more
2/24/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Title VII
On January 21, 2025, President Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” ...more
1/23/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Labor Laws ,
Labor Reform ,
OFCCP ,
OMB ,
Trump Administration ,
Whistleblowers
On Day 1 of President Trump’s new administration, he issued a series of Executive Orders. The “Ending Radical And Wasteful Government DEI Programs and Preferencing” Order revokes the Biden Administration’s prior DEI efforts...more
1/22/2025
/ Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
Trump Administration
The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even...more
1/6/2025
/ Data Collection ,
Employer Liability Issues ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
On November 22, 2024, the Illinois Department of Labor (IDOL) posted long awaited guidance in the form of Frequently Asked Questions (FAQs) to respond to inquiries the Department has received regarding amendments to the Equal...more
On November 18, 2024, Governor Murphy signed into law pay transparency legislation, Senate Bill 2310, which will require employers to include a pay range in job postings and provide notice of promotional opportunities to...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2025 Corporate Scheduling Announcement List (Release 1) (“CSAL”) today. This list provides advance notice of 2,000 compliance...more
The University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more
11/8/2024
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
FOIA ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
New Jersey is positioned to join the growing number of jurisdictions that have adopted pay transparency requirements. The New Jersey State Assembly recently passed Senate Bill 2310, which, if enacted, will require employers...more
10/31/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Jersey ,
Pay Transparency ,
Pending Legislation ,
Posting Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Minnesota joins the growing number of states to adopt statewide legislation requiring employers to disclose starting salary ranges and other forms of compensation and benefits in postings for open...more
9/6/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Minimum Salary ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Beginning on January 1, 2025, Illinois will join the list of states that are requiring greater transparency in both the job opportunities available in the state as well as the pay for those jobs. The...more
9/5/2024
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Non-Discrimination Rules ,
ZIP Codes
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
7/23/2024
/ Algorithms ,
Amicus Briefs ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Putative Class Actions ,
Title VII