News & Analysis as of

Federal Contractors Affirmative Action

Orrick, Herrington & Sutcliffe LLP

What Does the DOJ Guidance on Unlawful DEI Signal About False Claims Act Enforcement?

On July 30, 2025, the Department of Justice (“DOJ”) issued guidance to recipients of federal funds that reiterates the Trump Administration’s view that federal antidiscrimination laws apply to Diversity, Equity, and Inclusion...more

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

Husch Blackwell LLP on

The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more

Cozen O'Connor

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports: What Federal Contractors Need to Know Now

Cozen O'Connor on

On July 30, 2025, the Ninth Circuit ruled that the U.S. Department of Labor (DOL)’s Office of Federal Contract Compliance Programs (OFCCP) must disclose federal contractor EEO-1 reports to the Center for Investigative...more

Freeman Law

U.S. Attorney General’s “Guidance” to Federally-Funded Agencies and Third Parties – Another Blow to DEI Initiatives

Freeman Law on

On July 29, 2025, the Office of the U.S. Attorney General published its Memorandum for All Federal Agencies on the subject of “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”...more

Parker Poe Adams & Bernstein LLP

Implications for Government Contractors After New AG Memo Defines 'Unlawful Discrimination' in Federal Funding

President Donald Trump’s stance on diversity, equity, and inclusion (DEI) is taking further shape and is likely to cause challenges for individuals and companies in the government contracting space....more

Jackson Lewis P.C.

California Contractor Compliance: Filling the Federal, EO-Created Void

Jackson Lewis P.C. on

As federal policies shift from affirmative action and diversity, equity, and inclusion initiatives — particularly through Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which...more

Berkshire

DOJ Issuing Civil Investigative Demand Letters to Federal Contractors and Grant Recipients

Berkshire on

The Department of Justice (DOJ) is sending Civil Investigative Demand (CID) letters to some federal contractors and grant recipients as part of the agency’s Civil Rights Fraud Initiative, which was announced in May as part of...more

Fox Rothschild LLP

What Federal Contractors and Grant Recipients Should Know About DOJ’s Unlawful Discrimination Guidance

Fox Rothschild LLP on

On July 29, 2025, US Attorney General Bondi issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memo). The Memo follows multiple executive...more

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

Herbert Smith Freehills Kramer

DOJ Issues Guidance on ‘Unlawful’ Employer DEI Policies, Programs and Practices

As discussed in our prior alert and seen in numerous actions undertaken since the Trump administration took office, employers should expect significant changes to the federal government’s antidiscrimination enforcement...more

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

Ohio Drops Affirmative Action Program Requirements for State Contractors

Ohio has eliminated requirements that state contractors maintain written affirmative action programs (AAPs) and that bidders for public improvement construction projects receive affirmative action certifications. ...more

Epstein Becker & Green

New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices. The new...more

DCI Consulting

OFCCP Continues to Close Open Audits

DCI Consulting on

As noted in a prior blog, the Office of Federal Contract Compliance Programs (OFCCP) began issuing administrative closure letters for open audits following Secretary Lori Chavez-DeRemer’s release of Order 08-2025 on July 2,...more

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

Miller Nash LLP

U.S. Department of Justice Provides Much-Needed Guidance Regarding the Meaning of “Illegal DEI”

Miller Nash LLP on

On January 20, 2025, on his first day of office, President Trump issued Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which directed the termination of all...more

Offit Kurman

New DOJ Memo Addresses Legality of DEI Programs for Federal Funding Recipients

Offit Kurman on

On July 30, 2025, the Department of Justice released a memo from Attorney General Pam Bondi offering guidance to federal agencies and recipients of federal funding regarding practices that the administration views as...more

Cooley LLP

DOL Issues Proposed Rules Clarifying Contractor Obligations Following Rescission of Executive Order 11246

Cooley LLP on

On July 1, 2025, the US Department of Labor (DOL) – which includes the Office of Federal Contract Compliance Programs (OFCCP) – released three notices of proposed rules, outlining changes to federal contractors’ affirmative...more

Brownstein Hyatt Farber Schreck

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Compliance Clarity for Federal Contractors with Joan Moore and Mim Munzel of...

Maynard Nexsen on

In this episode, hosts Tina and Jennie welcome back Joan and Mim of Arbor Consulting Group to unpack critical updates affecting federal contractors and subcontractors. From changes to the OFCCP’s Federal Contractor Portal to...more

Constangy, Brooks, Smith & Prophete, LLP

Annual hiring benchmark for vets drops

The Office of Federal Contract Compliance Programs quietly released the new annual hiring benchmark for protected veterans. The new benchmark is 5.1 percent and applies to affirmative action plans developed on or after July...more

Littler

Department of Justice Offers Further Guidance Regarding Unlawful Discrimination and DEI

Littler on

On July 30, 2025, the Department of Justice released a memo from Attorney General Pam Bondi to all federal agencies providing guidance for recipients of federal funding regarding unlawful discrimination....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August 2025 To-Do List

Fisher Phillips on

Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more

Mintz - Employment Viewpoints

The DOJ Issues Its Interpretation of “Illegal DEI”

The U.S. Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance. The...more

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Haynes Boone

DOL Relaunches, Proposes Revisions to Affirmative Action Rules for Veterans and Disabled Workers

Haynes Boone on

The Department of Labor (DOL) is taking steps to revise and relaunch its affirmative action requirements for veterans and people with disabilities. ...more

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