On June 27, 2025, Office of Federal Contract Compliance Programs (“OFCCP”) Director Catherine Eschbach issued a letter announcing that OFCCP is “providing all federal contractors withthe opportunity to volunteer informationin...more
7/7/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Disclosure Requirements ,
Employer Responsibilities ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Requirements ,
Voluntary Disclosure
On July 7, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 (the “Order”) impacting OFCCP’s enforcement of Section 503 of the Rehabilitation Act (“Section 503”) and the Vietnam Era Veterans’ Readjustment...more
Florida lawmakers recently passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act (the “Act”), which would create a presumption that covered non-compete and garden...more
The Trump Administration has announced plans to “eliminate” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), the agency currently responsible for enforcing affirmative action and...more
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more
6/12/2025
/ ADEA ,
Age Discrimination ,
Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
Class Action ,
Employment Discrimination ,
Employment Litigation ,
Job Applicants ,
Machine Learning ,
Popular ,
Putative Class Actions
The Equal Employment Opportunity Commission (“EEOC”) has opened the 2024 EEO-1 data-collection cycle and set Tuesday, June 24, 2025, as the filing deadline for submissions. According to the EEOC, this year’s reporting window...more
5/21/2025
/ Anti-Discrimination Policies ,
Data Collection ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Employer Responsibilities ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Filing Deadlines ,
Reporting Requirements ,
Title VII
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False...more
In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more
4/30/2025
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Popular ,
Reasonable Accommodation ,
Software
On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data...more
4/28/2025
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
OMB ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Sex Discrimination
On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
On March 24, 2025, the Department of Labor announced the appointment of Catherine Eschbach as Director of OFCCP. Direct Eschbach joins the agency after serving as an appellate lawyer in private practice.
Director Eschbach...more
3/27/2025
/ Affirmative Action ,
Department of Government Efficiency (DOGE) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
New Regulations ,
OFCCP ,
Regulatory Agenda ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more
In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more
According to Washington Post and Bloomberg press reports, on February 25, 2025, OFCCP Acting Director Michael Schloss submitted a memorandum to Acting Secretary of Labor, Vincent Micone, outlining OFCCP’s plan to...more
On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more
On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more
2/25/2025
/ Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Government Agencies ,
Preliminary Injunctions ,
Separation of Powers
While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more
2/13/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
OFCCP ,
Risk Management ,
Trump Administration
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who...more
2/3/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Agenda ,
Regulatory Requirements ,
Retirement Plan ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On January 23, 2025, President Trump issued an Executive Order entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to maintain US leadership in AI innovation. To that...more
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more
Following President Trump’s rescission of Executive Order 11246, on January 24, 2025, the Acting Secretary of Labor issued Secretary’s Order 03-2025 (the “Order”), which orders all Department of Labor employees, including...more
1/28/2025
/ Cease and Desist Orders ,
Compliance ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Discrimination ,
Sex Discrimination ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order...more
On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246....more
1/23/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Popular ,
Race Discrimination ,
Sex Discrimination ,
Subcontractors ,
Trump Administration