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Corporate Counsel Title VII Federal Contractors

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

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The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Blank Rome LLP

False Claims Act Liability Based on a DEI Program? Let’s Think It Through

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One of the more attention-grabbing aspects of Executive Order (“EO”) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is the specter of False Claims Act (“FCA”) liability for federal contractors...more

Perkins Coie

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

Perkins Coie on

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

Goulston & Storrs PC

Trump’s Executive Orders Considered: Implications for Private Employers

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During his first week in office, President Trump issued an unprecedented number of executive orders, including orders to eliminate diversity, equity, and inclusion (“DEI”) programs within federal agencies and government...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Fisher Phillips

Fewer Federal Contractors Will Qualify for Religious Exemptions as OFCCP Rescinds 2020 Rule

Fisher Phillips on

The federal agency that oversees federal contractors and affirmative action programs just announced it would rescind a Trump-era rule that had expanded the scope of long-standing religious exemption principles it had utilized...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

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On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Morrison & Foerster LLP

OFCCP Signals Return to More Aggressive and Less Transparent Audits

In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the...more

Polsinelli

OFCCP to Rescind Regulation Expanding Religious Exemption for Federal Contractors

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On February 9, 2021, the Biden administration took another step towards reversing the priorities of the Trump-era Office of Federal Contract Compliance Programs (OFCCP), by notifying the U.S. District Court for the Southern...more

Littler

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

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On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

Littler

New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

Littler on

On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping.  Among other things, the order instructs government contracting agencies to add provisions to government contracts...more

Polsinelli

OFCCP Issues New Guidance on the Status of Non-Binary Employees in Affirmative Action Programs

Polsinelli on

The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more

Seyfarth Shaw LLP

2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

Seyfarth Shaw LLP on

We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and...more

Littler

A Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key "Blacklisting" Rule Provisions

Littler on

Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Will Your Arbitration Program Survive the Contractor Blacklisting Regulations?

The arbitration restrictions contained in Executive Order 13673, Fair Pay and Safe Workplaces (EO 13673), have been largely overshadowed by other parts of the so-called “contractor blacklisting” rules. Nonetheless, for those...more

Orrick - Employment Law and Litigation

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and...

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to...more

Ballard Spahr LLP

DOL Issues New Sex Discrimination Rules for Federal Contractors

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For the first time in more than four decades, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has revised sex discrimination regulations for federal contractors and subcontractors....more

Bradley Arant Boult Cummings LLP

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Morgan Lewis

Proposed Labor Violation Reporting Rules Target Government Contractors

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Proposal makes agency allegations of employment law violations reportable events that could result in denial of federal contracts or termination of existing contracts. Executive Order 13673 (the Order), signed by US...more

Cooley LLP

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

Cooley LLP on

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

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