The Ninth Circuit rules that FOIA does not protect data from disclosure. As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more
8/1/2025
/ Affirmative Action ,
Appeals ,
Appellate Courts ,
Department of Labor (DOL) ,
Disclosure Requirements ,
EEO-1 ,
Employment Litigation ,
Federal Contractors ,
FOIA ,
OFCCP ,
Regulatory Requirements ,
Reporting Requirements ,
Transparency
Better late than never.
Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more
8/1/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Race Discrimination ,
Sex Discrimination ,
Title VII
The U.S. Department of Justice announced its new Civil Rights Fraud Initiative with the goal to identify entities defrauding the government by knowingly violating civil rights laws. The DOJ is specifically targeting employers...more
They’ve all but shut the door, turned off the lights, and put up the “closed” sign.
On July 2, Secretary of Labor Lori Chavez-DeRemer lifted the pause on investigations and enforcement of Section 503 of the Rehabilitation...more
7/3/2025
/ Affirmative Action ,
Biden Administration ,
Department of Labor (DOL) ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Reform ,
Regulatory Requirements ,
Rehabilitation Act ,
Section 503 ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Spoiler: Section 503 takes center stage.
The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme.
Key highlights:
• Executive Order...more
7/2/2025
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Proposed Rules ,
Regulatory Reform ,
Rehabilitation Act ,
Rescission ,
Reverse Discrimination ,
Section 503 ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
File under “thanks, but no thanks.”
In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound...more
7/1/2025
/ Affirmative Action ,
Disclosure Requirements ,
Disparate Treatment ,
Employment Discrimination ,
Enforcement ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Reform ,
Reporting Requirements ,
Reverse Discrimination ,
Trump Administration ,
Voluntary Disclosure
A cautionary tale for employers.
EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch.
Many companies proactively analyze employee compensation to ensure that any disparities...more
6/10/2025
/ Affirmative Action ,
Compensation & Benefits ,
Compliance ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Pay Equity Laws ,
Race Discrimination ,
Risk Management ,
Sex Discrimination
DOL proposes to eliminate agency.
The U.S. Department of Labor released its proposed budget for Fiscal Year 2026, which runs from October 1, 2025 through September 30, 2026. The budget proposal is the agency’s request to...more
6/2/2025
/ Affirmative Action ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Agencies ,
OFCCP ,
Proposed Legislation ,
Regulatory Authority ,
Regulatory Reform ,
Regulatory Requirements
The U.S. DOT agrees to end contract goals for DBEs.
In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more
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
5/21/2025
/ Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Qui Tam ,
Reverse Discrimination ,
Universities
Window closes June 24 – and don’t expect an extension. The Equal Employment Opportunity Commission announced the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit...more
5/20/2025
/ Corporate Counsel ,
Disparate Impact ,
EEO-1 ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
Reporting Requirements ,
Trump Administration
And eight FAQs about preparing your data. According to documents recently filed with the Office of Management and Budget, the Equal Employment Opportunity Commission is moving forward with the collection of 2024 employment...more
4/28/2025
/ Data Collection ,
Employees ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
OMB ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements
OFCCP has had three heads in the first three months of 2025. Catherine Eschbach, a lawyer formerly with Morgan, Lewis & Bockius LLP, is the newly appointed Director of the Office of Federal Contract Compliance Programs. In...more
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
3/20/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Reverse Discrimination ,
Trump Administration
A new complication for wage and hour compliance. In a new Executive Order entitled, “Additional Rescissions of Harmful Executive Orders and Actions,” President Trump rescinded 18 Executive Orders, including Executive Order...more
Did you hear that? It was the other shoe dropping. Approximately one month after President Trump rescinded Executive Order 11246, the Office of Federal Contract Compliance Programs is preparing to reduce its staff by 90...more
The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously reported, several organizations filed a...more
2/25/2025
/ Affirmative Action ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Private Sector ,
Separation of Powers ,
Trump Administration
And other changes are afoot.
Michael Schloss has been named Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs. Mr. Schloss previously served as Director of the Office of...more
2/3/2025
/ Compliance ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
DOL’s first step in the dismantling of EO 11246.
As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more
1/27/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
Labor Regulations ,
OFCCP ,
Rehabilitation Act ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
President Lyndon B. Johnson signed Executive Order 11246 in 1965. Since then, organizations doing business with the federal government had to affirmatively recruit women and minorities for employment and ensure employment...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Diversity ,
Donald Trump ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Popular ,
Rescission ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
1/9/2025
/ Anti-Retaliation Provisions ,
Bias ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Green Cards ,
Immigration Procedures ,
Minimum Salary ,
NFL ,
NLRB ,
O-1 Aliens of Extraordinary Ability ,
Race Discrimination ,
Racial Bias ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
SolarWinds ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The Office of Federal Contract Compliance Programs just released another Corporate Scheduling Announcement List, notifying lucky contractors that they will be subject to a compliance evaluation in the future. Regardless of...more
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
11/25/2024
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
OFCCP ,
Preliminary Injunctions ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Unconstitutional Condition ,
Wage and Hour
Corporate Scheduling Announcement List identifies 2,000 lucky establishments.
The Office of Federal Contract Compliance Programs issued a Corporate Scheduling Announcement List, which provides advance notice to...more
Objections are due by December 9.
The Office of Federal Contract Compliance Programs announced that it has received additional requests for contractors’ EEO-1 Reports under the Freedom of Information Act. These FOIA...more