A newly issued Executive Order, “Addressing DEI Discrimination by Federal Contractors,” marks a decisive shift in how the federal government evaluates workplace practices. For federal contractors, this is not a policy nuance, it is a structural change. Practices that rely on race- or ethnicity-based preferences, even when framed as diversity initiatives, may now expose organizations to contractual penalties and…
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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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Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially “unlawful” under Title VII, prompting employers to question whether previously supported practices have become illegal overnight. However, while political rhetoric has shifted, the EEOC continues to litigate and conciliate traditional race and sex discrimination cases under Title VII, often resulting…
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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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In her recent remarks, former OFCCP Director Catherine Eschbach emphasized that the compliance environment for federal contractors is undergoing a profound transformation under Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” She explained that this order establishes a “whole-of-government approach” to identifying and eliminating unlawful DEI practices, meaning that oversight will no longer…
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