Part 2 – Why Workforce Analytics May Matter More Than Ever: The Rise of Merit-Based Compliance Under EO 14398

As federal contractors adjust to the rapidly evolving compliance environment surrounding Executive Order 14398 and FAR 52.222-90, many employers are asking an increasingly common question: Should we stop conducting workforce analytics altogether? For some organizations, concern surrounding DEI enforcement has created hesitation about reviewing hiring, promotion, compensation, or workforce demographic data. That reaction may be…
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Part 1 – Federal Contractors: Prepare for the Next Wave of Audits

EO 14398 and FAR 52.222-90 Signal a Major Shift in Federal Enforcement The federal contractor compliance landscape is undergoing one of its most significant transformations in decades. For years, contractors largely associated compliance oversight with affirmative action plans, OFCCP desk audits, and technical reporting obligations. Today, however, the federal government appears to be expanding its…
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OFCCP Is Fully Funded for 2026: Part 1 – What Federal Contractors Should Expect Next

For much of 2025 and early 2026, federal contractors have watched the Office of Federal Contract Compliance Programs (OFCCP) become unusually quiet. Compliance reviews stopped. Enforcement activity nearly disappeared. The contractor portal was shut down, and the agency’s future was publicly questioned. That is why the most recent appropriations news is significant: OFCCP has now…
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Is DEI Illegal Now: Part III – What Does Recent EEOC Messaging Mean for Employer Compliance in 2026

Executive Summary Between anti-DEI messaging from federal leadership and continued Title VII enforcement actions penalizing race and sex discrimination, private employers and federal contractors face a complicated compliance environment heading into 2026. While rhetoric suggests heightened scrutiny of “illegal DEI,” the legal reality is that Title VII has not changed: employment decisions may not be…
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A New Enforcement Focus: When “Preference” Becomes Discrimination Against U.S. Workers

When employers think about discrimination risk, they usually focus on familiar protected categories such as race, sex, ethnicity, age, disability, or religion. But a recent settlement announced by the Civil Rights Division of the U.S. Department of Justice (DOJ) underscores a growing and less understood enforcement area: discrimination against U.S. workers based on citizenship and…
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