News & Analysis as of

Trump Administration Affirmative Action Compliance

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

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

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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

OFCCP to lay off 90% of its workforce

Did you hear that? It was the other shoe dropping. Approximately one month after President Trump rescinded Executive Order 11246, the Office of Federal Contract Compliance Programs is preparing to reduce its staff by 90...more

Keating Muething & Klekamp PLL

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Mintz - Employment Viewpoints

Federal Court Temporarily Halts Implementation of Portions of President Trump’s DEI-Related Executive Orders

A federal district court in Maryland has temporarily enjoined enforcement of several key aspects of two recent DEI-related executive orders from the Trump Administration – Executive Order 14151 (Ending Radical and Wasteful...more

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Tarter Krinsky & Drogin LLP

Executive Orders Challenge DEI Programs With Potential Impact For All Workplaces

In a matter of days, the White House issued multiple significant Executive Orders (“EOs”) regarding Diversity, Equity and Inclusion (“DEI”) programs. The situation is highly fluid. On February 3, several groups filed suit...more

Robinson & Cole LLP

Legal Update: Recent Executive Orders: What Employers Need to Know to Assess the Shifting Sands

Robinson & Cole LLP on

In January 2025, President Trump issued a flurry of executive orders. Several may significantly impact employers; the key aspects of these orders are described below, although this is not an exhaustive summary of every...more

Schwabe, Williamson & Wyatt PC

Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

McNees Wallace & Nurick LLC

What U.S. Employers Need to Know about Upcoming DEI Executive Orders

On the first day of President Trump’s second administration, he signed the Ending Racial and Wasteful Government DEI Programs and Preferencing Executive Order. This order provides direction to eliminate any and all Diversity,...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

Cozen O'Connor on

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Hahn Loeser & Parks LLP

Executive Order 14173: What it Means for Federal Contractors and Subcontractors

Recent actions by the federal government have called into question the use of measures intended to foster diversity, equity, and inclusion (“DEI”) on federal construction projects or projects receiving federal funding. On...more

Shutts & Bowen LLP

Trump Executive Order Rescinds EO 11246 Regarding Affirmative Action for Contractors on Federal Projects

Shutts & Bowen LLP on

On January 21, 2025, President Trump issued an Executive Order (“EO”) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO revokes longstanding Executive Order 11246 (Equal Employment...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Morrison & Foerster LLP - Government...

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

Snell & Wilmer

What President Trump’s Executive Orders Could Mean for the Disadvantaged Business Enterprise Program

Snell & Wilmer on

Since taking office, President Donald Trump has enacted two Executive Orders aimed at eliminating diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs from all aspects of...more

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