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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

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

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

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