EEOC Performance Report (Part I): From Policy to Proof – The New Standard for Workplace Compliance

Employers are entering a new era of enforcement—one in which compliance is no longer judged by policy, but by proof. The U.S. Equal Employment Opportunity Commission’s latest performance report signals a clear shift. Enforcement activity remains high, monetary recoveries continue to climb, and the agency’s focus on systemic discrimination is intensifying. For employers, particularly federal…
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What Federal Contractors and Private Employers Should Do Now: Part II

In light of DOJ’s stated priorities, federal contractors and private employers (100 or more employees) should take proactive steps to mitigate FCA exposure tied to discrimination risks. Conduct a Privileged Internal Review Review hiring, promotion, compensation, mentorship, and training programs under attorney-client privilege to assess whether any practices could be interpreted as steering decisions based…
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DOJ Suit Against MPS Highlights Employers’ Obligation to Maintain Merit-Based, Identity-Neutral Employment Practices

On Dec. 10, 2025, the U.S. Department of Justice (DOJ) filed a federal lawsuit against Minneapolis Public Schools (MPS), alleging unlawful race- and sex-based employment practices embedded in the district’s collective bargaining agreement (CBA). According to the complaint, MPS prioritized teachers who belonged to “underrepresented populations,” set explicit numerical staffing goals for “BIPOC” employees, and…
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EO 14173 Enforcement Trends to Watch in 2026

As 2026 approaches, the compliance landscape shaped by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is entering a more enforcement-focused phase. Based on the recent HR Unlimited Roundtable with former OFCCP and EEOC leaders, federal contractors must brace for a dramatic and high-stakes shift in anti-discrimination enforcement in 2026. The focus is…
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Eight Months After EO 14173 — What Changed and What it Means for Federal Contractors

When Executive Order 14173 was issued in January 2025, revoking Executive Order 11246, many federal contractors took a sigh of relief. To some, it appeared that decades of affirmative action planning and federal oversight had come to an end. Yet eight months later, the reality has become unmistakable: EO 14173 did not eliminate compliance requirements….
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