New Executive Order Signals the End of Illegal DEI in Federal Contracting

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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EEOC Issues Reminder: Title VII Applies to DEI Initiatives: Employers Urged to Ensure Compliance

Federal Contractors & Employers Must Align DEI Policies With Anti-Discrimination Law Washington, D.C. — February 2026 — The U.S. Equal Employment Opportunity Commission (EEOC) has published a reminder highlighting employers’ obligations under Title VII of the Civil Rights Act of 1964 as they relate to Diversity, Equity, and Inclusion (DEI) initiatives, a message that federal contractors and private employers should take…
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Is DEI Illegal Now: Part I – How Can Employers Compete for Talent Without Violating Title VII?

Conflicting signals from federal agencies have prompted some employers to scale back or suspend DEI-related initiatives out of fear that such programs may be considered “illegal.” However, overcorrecting in this direction creates its own set of risks, especially under Title VII, which continues to prohibit discrimination based on race, sex, disability, national origin, age, and other…
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