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Federal Contractors Equal Protection

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

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Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Davis Wright Tremaine LLP

New Administration Outlook: NADOHE Injunction on DEI Crackdown Is Stayed – Key Takeaways for Federal Grantees and Contractors

In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in...more

Proskauer - Government Contractor Compliance...

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related Executive Orders

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

Latham & Watkins LLP

Key Insights on Executive Order Directing Scrutiny of Private-Sector DEI Efforts

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On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order) directing federal agencies to enforce federal civil rights laws to...more

Potomac Law Group, PLLC

Fourth Circuit Dismisses Challenge to SBA 8(a) Business Development Program

Earlier this month, the United States Court of Appeals for the Fourth Circuit issued a decision dismissing a challenge to the Small Business Administration’s 8(a) Business Development Program. You can read a copy of the...more

Winstead PC

Is DBE Contracting the Next to Fall After Affirmative Action?

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In a significant ruling that could reshape federal contracting, a federal district court in the Eastern District of Kentucky has granted a preliminary injunction against key aspects of the United States Department of...more

Clark Hill PLC

Transportation's Disadvantaged Business Enterprise Program Violates Fifth Amendment's Guarantee of Equal Protection, Court Says

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In an effort to increase participation by disadvantaged business enterprises in projects funded by federal transportation grants, received by certain state departments of transportation (DOT), Congress enacted the U.S....more

Potomac Law Group, PLLC

The Court Extends and Clarifies the Injunction Barring DBE Program

In late September, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program....more

Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

Potomac Law Group, PLLC on

Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

Nossaman LLP

Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE Program

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On September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No....more

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

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On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more

McGuireWoods LLP

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

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On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Bass, Berry & Sims PLC

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

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On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

Morgan Lewis

SBA Makes Major Changes to 8(a) Business Development Program Regarding Social Disadvantage

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The US Small Business Administration (SBA) temporarily suspended new application submissions to its 8(a) Business Development program, and it will require many existing participants to explain why they qualify for the program...more

Blank Rome LLP

The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima

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When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair...more

McCarter & English Blog: Government Contracts...

.SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.

As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

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The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

PilieroMazza PLLC

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

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On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage,...more

Morgan Lewis

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

Morgan Lewis on

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

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On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Fisher Phillips

What Impact Will Supreme Court’s “Affirmative Action” Decision Have on Federal Contractor Employers? An 8-Step Plan

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The Supreme Court recently cracked down on the use of “race-conscious” admissions for academic institutions, mostly blocking them from considering race as part of a holistic evaluation of prospective students. What does this...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

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On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Constangy, Brooks, Smith & Prophete, LLP

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more

Proskauer - Government Contractor Compliance...

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more

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