News & Analysis as of

Affirmative Action Compliance

Jackson Lewis P.C.

OFCCP Updates Annual Veteran Hiring Benchmark

Jackson Lewis P.C. on

Though delayed, OFCCP has released the updated the annual Veteran Hiring Benchmark. The benchmark is set at 5.1% effective July 30, 2025. The current 5.1% benchmark, is slightly lower than the previous mark of 5.2% set in...more

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Sweeping Overhaul of Federal Contractor Compliance Rules

On July 1, 2025, the Office of Federal Contract Compliance Programs (“OFCCP”) released three notices of proposed rulemaking that, if adopted, will change federal contractors’ affirmative action obligations....more

Proskauer - Government Contractor Compliance...

OFCCP Seeks Voluntary Disclosures from Federal Contractors on EO 14173 Compliance

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

Littler

OFCCP Officially Closes All Pending Compliance Reviews and Resumes Processing of Section 503 and VEVRAA Complaints

Littler on

Following President Trump’s revocation of Executive Order 11246 in January 2025, federal contractors with compliance reviews in progress received notice that the Executive Order 11246 component of the review was being closed,...more

Seyfarth Shaw LLP

Federal Contractors: Prepare for Resumed OFCCP Enforcement Under Section 503 and VEVRAA

Seyfarth Shaw LLP on

The Office of Federal Contract Compliance Programs (OFCCP) continues to release policy updates despite its uncertain future. Today the U.S. Department of Labor (DOL) lifted its temporary suspension on enforcement activities...more

Littler

OFCCP Director Invites Federal Contractors to Voluntarily Submit Information

Littler on

On June 27, 2025, federal government contractors received an email from OFCCP Director Catherine Eschbach offering them the “opportunity” to “provide information about their efforts to wind down compliance with the [Executive...more

Jackson Lewis P.C.

OFCCP Extends Enforcement Moratorium for VAHBP Providers Until 2027

Jackson Lewis P.C. on

In a move the Agency reported is designed to maintain healthcare access for active and retired service members and their families, the Office of Federal Contract Compliance Programs (OFCCP) has announced a two-year extension...more

Constangy, Brooks, Smith & Prophete, LLP

Company’s pay equity study is not privileged, court rules

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025

PilieroMazza PLLC on

New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization - The Department of Defense (DoD) has issued a significant policy memorandum “to...more

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Sheppard Mullin Richter & Hampton LLP

What Should Contractors and Grant Recipients do in Response to the DEI Executive Orders?

In Part 1 of our blog series, we outlined the Trump Administration’s new Executive Orders (“EOs”) on Diversity, Equity, Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs, and the current...more

Berkshire

Navigating State and Local AAP and EEO Certification Requirements

Berkshire on

As we all move farther forward into the new era of EEO compliance during President Trump’s Administration, we are learning just how much the revocation of EO 11246 complicated the compliance landscape for organizations across...more

McAfee & Taft

Fulfilling obligations after revocation of LBJ’s EO prohibiting discrimination in employment by federal contractors

McAfee & Taft on

First executed by President Lyndon B. Johnson on September 28, 1965, Executive Order 11246 provides, in pertinent part, that: “It is the policy of the Government of the United States to provide equal opportunity in Federal...more

Frost Brown Todd

EEOC Lectures Employers About Unlawful DEI-Related Discrimination

Frost Brown Todd on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents (“Guidance”) regarding employer diversity, equity, and inclusion (DEI) policies, programs, and practices, and how...more

Constangy, Brooks, Smith & Prophete, LLP

Another new Director named for OFCCP

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

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

FordHarrison on

On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

DLA Piper

Enforcement of President Trump’s DEI Executive Order: A Strategic Roadmap for Companies Targeted for Investigation and Enforcement

DLA Piper on

Federal agencies have been enforcing President Trump’s Executive Orders, with various federal and state government agencies mobilizing to carry out Executive Order 14173, “Ending Illegal Discrimination and Restoring...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

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

Snell & Wilmer

Navigating Compliance: President Trump’s Executive Order and Affirmative Action for Federal Contractors

Snell & Wilmer on

On January 21, 2025, President Donald Trump issued the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order, which significantly alters federal contractor obligations related to affirmative...more

Latham & Watkins LLP

DOD and GSA Announce FAR Class Deviations to Implement DEI-Related Executive Orders

Latham & Watkins LLP on

Government contractors and subcontractors should be on the lookout for contract modifications as agencies begin implementing DEI-related Executive Orders....more

Berkshire

America First Legal Calls on OFCCP to Investigate Contractors

Berkshire on

America First Legal Foundation (AFL)—a nonprofit organization founded by current White House Deputy Chief of Staff Stephen Miller—has made headlines calling for federal investigations of a wide range of U.S. companies,...more

Jackson Lewis P.C.

A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

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The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more

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