News & Analysis as of

Federal Contractors Constitutional Challenges Department of Labor (DOL)

Schwabe, Williamson & Wyatt PC

DOL Issues Proposed Rule Revising Regulations Governing Federal Contractor Affirmative Action Plans

On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more

Seyfarth Shaw LLP

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

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On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more

Hahn Loeser & Parks LLP

Update: Making Sense of the Evolving DEI Landscape and its Effects on Federal Contractors and Grantees

We recently wrote about the preliminary injunction entered by the U.S. District Court for the Northern District of Illinois, blocking the Department of Labor from enforcing certain provisions of Executive Orders 14173 and...more

Proskauer - Law and the Workplace

Federal Judge Blocks Key DEI Executive Order Provisions

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

Bass, Berry & Sims PLC

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Bass, Berry & Sims PLC on

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

Ballard Spahr LLP

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

Ballard Spahr LLP on

In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

Fenwick & West LLP on

On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

DCI Consulting

Former OFCCP Officials Pen Open Letter to Federal Contractors

DCI Consulting on

On April 15, 2025, ten former Department of Labor (DOL) officials from the Office of Federal Contract Compliance Programs (OFCCP) and Office of the Solicitor (SOL)—including former Directors Jenny Yang and Pat Shiu—released...more

Ballard Spahr LLP

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

Ballard Spahr LLP on

On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and...more

Blank Rome LLP

Attention Department of Labor Contractors and Grantees: A Federal Court Hits Pause on Executive Orders Related to Diversity,...

Blank Rome LLP on

Federal courts continue to grapple with challenges to President Trump’s executive orders (“EOs”) related to diversity, equity, and inclusion (“DEI”), particularly EO 14151, Ending Radical And Wasteful Government DEI Programs...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

Paul Hastings LLP

Illinois District Court Blocks Portions of Anti-DEI Executive Order

Paul Hastings LLP on

There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...more

Arnall Golden Gregory LLP

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the...more

Seyfarth Shaw LLP

Chicago Federal District Court Issues Targeted Order Enjoining Department of Labor from Presenting DEI Certifications to Federal...

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On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in...more

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

President Trump Ends $15-Per-Hour Contractor Minimum Wage Rate After Filing a Brief Defending Power to Set the Minimum Wage

On March 14, 2025, President Donald Trump issued Executive Order (EO) 14236—“Additional Rescissions of Harmful Executive Orders and Actions”—revoking eighteen executive orders and actions issued by former president Joe Biden....more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

Foley & Lardner LLP on

As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

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

Constitutional Clash: Trump Administration Appeals Ruling Blocking DEI Orders As More Challenges Filed

While the Trump administration appeals a recent federal court ruling that blocked enforcement of key parts of two executive orders (EO) to restrict diversity, equity, and inclusion (DEI) programs and initiatives, the...more

Fox Rothschild LLP

Federal Judge Blocks Trump’s Orders Limiting DEI in Government and Business

Fox Rothschild LLP on

Key parts of President Donald Trump’s executive orders (EOs) seeking to dismantle diversity, equity and inclusion (DEI) programs in the public and private sector were enjoined nationwide on Feb. 21 by a federal district court...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

Perkins Coie on

The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Snell & Wilmer

Lawsuit Threatens DEI-Related Executive Orders

Snell & Wilmer on

As outlined in a recently published Legal Alert, shortly after taking office, President Donald Trump enacted two Executive Orders designed to detect and eliminate diversity, equity, and inclusion (DEI) programs related to...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 1 of Trump 2

Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more

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