Part 2: Before You Certify, Verify

A Pragmatic Compliance Framework for Federal Contractors The IBM and Deloitte settlements do not mean that contractors should stop conducting outreach, reviewing workforce data, or working to ensure equal employment opportunity. They demonstrate the importance of distinguishing between two very different activities: Using workforce data to identify and remove possible barriers; and Using protected characteristics…
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Part 1: When Civil Rights Compliance Becomes a False Claims Act Risk

How DOJ Is Connecting Civil-Rights Compliance to the False Claims Act Federal contractors are entering a new era of civil-rights enforcement. On August 25, 2026, Deloitte, a Federal Contractor, agreed to pay $21.5 million to resolve Department of Justice allegations that it violated the False Claims Act by certifying compliance with federal-contract nondiscrimination requirements while…
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PART 3 – Workforce Diagnostics: Identify Risk Before Someone Else Does

Against this backdrop, relying solely on written nondiscrimination policies may not be enough. An organization can have well-designed policies, experienced HR professionals and established procedures, and still have workforce patterns that management does not know exist. A proactive Workforce Diagnostic Analysis provides an objective, data-driven way to examine what is actually happening across the workforce….
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PART 2 – EEOC Enforcement: The Risk Has Not Gone Away

The revocation of Executive Order 11246 significantly changed the federal contractor compliance landscape, but it did not eliminate employers’ underlying nondiscrimination obligations or enforcement risk. While OFCCP has ceased investigative and enforcement activity under the former EO 11246 program, the EEOC continues to actively enforce Title VII, including cases involving race discrimination in hiring, promotions,…
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PART 1 – EO 14398 & FAR 52.222-90: Nondiscrimination Enters the Federal Procurement Process

The federal contractor nondiscrimination landscape has evolved significantly. Following recent federal procurement changes associated with Executive Orders 14173 and 14398, Addressing DEI Discrimination by Federal Contractors, the FAR Council introduced FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026). The significance for federal contractors is substantial: nondiscrimination requirements are now being incorporated directly into…
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