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Is DEI Illegal Now: Part III – What Does Recent EEOC Messaging Mean for Employer Compliance in 2026

By / 3.11.2026 / No Comments

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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What Federal Contractors and Private Employers Should Do Now: Part II

By / 3.10.2026 / No Comments

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

By / 12.22.2025 / No Comments

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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Proactive Compliance in the Post-EO 14173 Era: A Practical Guide to Self-Auditing

By / 10.23.2025 / No Comments

Eight months after the issuance of Executive Order 14173, the federal contracting community has entered a new compliance era, one defined not by the creation of Affirmative Action Plans, but by the ability to prove nondiscrimination through certification. The transition from Executive Order 11246 to EO 14173 may have simplified paperwork, but it also raised…
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Eight Months After EO 14173 — What Changed and What it Means for Federal Contractors

By / 10.8.2025 / No Comments

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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