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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DOJ Suit Against MPS Highlights Employers’ Obligation to Maintain Merit-Based, Identity-Neutral Employment Practices

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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Understanding the Skilled Labor Crisis: Government Reforms and Global Market Dynamics Every Employer Must Navigate

This two-part article offers a clear and timely look at the forces reshaping today’s labor market. Part I examines the shifting regulatory expectations that are redefining employers’ compliance obligations, while Part II explores the free-market pressures that continue to drive companies toward global and outsourced talent. Together, these insights provide a comprehensive view of how…
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EO 14173 Enforcement Trends to Watch in 2026

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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Part I: The New Compliance Landscape Under EO 14173

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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