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One Standard for All: SCOTUS Rejects Heightened Evidentiary Standard for Reverse Discrimination Claims

On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, decisively rejecting the so-called “background circumstances” rule that required majority-group...more

DOJ Announces Plans to Use False Claims Act to Target Anti-Semitism and DEI Policies

In the first five months of this administration, it is clear that one of the foremost concerns of President Trump’s agenda is its focus on Diversity, Equity, and Inclusion (“DEI”) initiatives. Issued in January 2025,...more

Newly Appointed OFCCP Director Reveals Plans to Review Previously Submitted Affirmative Action Plans of Federal Contractors

On March 24, 2025, the U.S. Department of Labor (“DOL”) appointed Catherine Eschbach as the head of the Office of Federal Contract Compliance Programs (“OFCCP”). Prior to her appointment, Director Eschbach worked for six...more

Trump Revokes $15 Contractor Minimum Wage and Infrastructure Project Orders

On Friday, March 14, 2025, President Donald Trump announced an Executive Order (“the Order”) titled “Additional Rescissions of Harmful Executive Orders and Actions.” Notably, the Order rescinded several Biden-era executive...more

Federal Court Enjoins Significant Aspects of the Trump Administration DEI Executive Orders

As we reported on January 21, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more

President Trump Rescinds EO 11246

On January 21, 2025, President Trump issued a broad executive order tilted “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246....more

Think Your EEO-1 Reports are Safe From Public Release? Think Again!

Contractors That Have Filed EEO-1 Reports Have Until Mid-December to File Objections to the Release of Their Information Under the FOIA - In 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) received a...more

Georgia Supreme Court Finds Restrictive Covenants Not Required to Contain Express Geographic Restriction

In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more

Texas Federal Court Blocks FTC Non-Compete Ban Nationwide

On August 20, 2024, a federal district court in Texas ruled the U.S. Federal Trade Commission (“FTC”) cannot enforce its near-total ban on noncompete agreements that was set to go into effect in early September....more

Understanding the OFCCP Corporate Scheduling Announcement List

The Office of Federal Contract Compliance Programs (OFCCP) plays a critical role in ensuring that companies doing business with the federal government comply with equal employment opportunity and affirmative action...more

White House Proposes Two Rules Targeting Pay Equity and Transparency

Spring is in the air and along with the change in season, there are changes on the horizon for how government contractors will have to target pay equity and transparency. The White House announced two new proposed rules on...more

Federal Construction Projects Will Soon Require Project Labor Agreements Under New Rule

On December 18, 2023, the General Services Administration (“GSA”) announced a new final rule enforcing Executive Order 14063.  The order requires federal agencies to use project labor agreements (“PLA”), which are pre-hire...more

DOL Increases Focus on Employment Discrimination and Levies Financial Penalties for Federal Government Contractors

In recent months, the U.S. Department of Labor (“DOL”) has increased its focus on and enforcement of anti-discrimination laws among federal government contractors, announcing large penalties against federal government...more

DOL Announces New Discrimination Rule for Federal Contractors

On August 3, 2023, the Department of Labor (“DOL”) announced a new final rule, “Pre-enforcement Notice and Conciliation Procedures” to modify the procedures used by the Office of Federal Contract Compliance Programs (“OFCCP”)...more

Pregnant Workers Fairness Act

The recently passed Pregnant Workers Fairness Act (“PWFA”), which goes into effect on June 27, 2023, requires employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth,...more

Ninth Circuit Holds That Time Spent Booting Up Computers is Compensable

On October 24, 2022, the Ninth Circuit Court of Appeals issued its opinion in Cariene Cadena et al. v. Customer Connexx LLC et al. (Case No. 21-16522), holding that the time employees spend booting up their computers is...more

Contractors That Have Filed EEO-1 Reports Have Until Mid-September to File Objections to the Release of Their Information Under...

On August 19, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register of a Freedom of Information Act (“FOIA”) request to federal contractors. Will Evans, of the Center...more

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