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DOJ Releases Memo on Discrimination by Funding Recipients

Late last month, the Department of Justice (DOJ) released a memorandum emphasizing that discrimination by recipients of federal funds will no longer be tolerated. Notably, this memo introduces the concept of "Unlawful Proxy...more

Open Letter to Contractors in Response to OFCCP's Info Request

On Friday, June 27th, Office of Federal Contract Compliance Programs (OFCCP) Director Catherine Eschbach sent a letter to federal contractors asking them to voluntarily submit information to the agency explaining their...more

District Court Ruling Reinforces Justification for Employers to Collect Demographic Data

Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have...more

Job Relatedness and Adverse Impact: What's Legal and What's Not

The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more

Bill Introduced in Congress to Codify Executive Order 11246

On February 5, 2025, Representatives Shontel Brown (Ohio) and Jamie Raskin (Maryland) introduced House Resolution 989 (HR 989) to codify Executive Order 11246, which was revoked by President Trump’s controversial Executive...more

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