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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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EO 14173 Enforcement Trends to Watch in 2026

By / 12.3.2025 / No Comments

As 2026 approaches, the compliance landscape shaped by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is entering a more enforcement-focused phase. Based on the recent HR Unlimited Roundtable with former OFCCP and EEOC leaders, federal contractors must brace for a dramatic and high-stakes shift in anti-discrimination enforcement in 2026. The focus is…
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Enforcement Begins: Inside the EEOC’s post-EO 14173 Settlements

By / 10.15.2025 / No Comments

When Executive Order 14173 was issued in January 2025, many employers assumed that the revocation of Executive Order 11246 marked the end of federal oversight of affirmative action and diversity initiatives. Eight months later, that assumption has been proven dangerously wrong. While the structure of oversight has changed, enforcement has not disappeared. It has shifted….
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DOJ Releases Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

By / 7.31.2025 / No Comments

On July 30, 2025, the U.S. Department of Justice (DOJ) released long-anticipated guidance clarifying what federal law requires and prohibits when it comes to workplace diversity, equity, and inclusion (DEI) initiatives. While some may have expected a sweeping overhaul, the DOJ’s message was straightforward: employment decisions must be rooted in merit-based criteria, not identity-based preferences. …
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