The EEOC’s Title VII Enforcement Transformation: Why Employers Must Reevaluate Their Employment Practices Now

Part I of II: Understanding the New Enforcement landscape and Its Impact on Employers For decades, employers generally viewed Title VII enforcement through the lens of protecting historically underrepresented groups from workplace discrimination. While Title VII itself has not changed, the Equal Employment Opportunity Commission (EEOC) has signaled a significant shift in how it approaches…
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Can the EEOC Eliminate the EEO-1 Report?

Why Employers Should Closely Watch the Growing Debate Over Workforce Data Collection For nearly six decades, the EEO-1 report has served as one of the federal government’s primary workforce data collection tools in the fight against workplace discrimination. Employers with 100 or more employees, including many federal contractors, have long been required to submit demographic…
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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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