The New Rules: How Federal Contractor Certification Changed Twice in 18 Months

“VERIFY BEFORE YOU CERTIFY” — 3-MINUTE BRIEF, PART 1 OF 4 A quick-read series on how federal contractors certify nondiscrimination today. This brief: what changed, and why. Federal contractors don’t certify nondiscrimination through a single document anymore. As of 2026, compliance runs through three separate layers — and this series breaks down exactly what each…
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PART 3 – Workforce Diagnostics: Identify Risk Before Someone Else Does

Against this backdrop, relying solely on written nondiscrimination policies may not be enough. An organization can have well-designed policies, experienced HR professionals and established procedures, and still have workforce patterns that management does not know exist. A proactive Workforce Diagnostic Analysis provides an objective, data-driven way to examine what is actually happening across the workforce….
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Opinion | Abandoning EEO Data Collection Will Not Eliminate Discrimination, It Will Make It Harder to Detect

The Equal Employment Opportunity Commission’s (EEOC) recent proposal to rescind the EEO-1 through EEO-6 reporting requirements marks one of the most significant shifts in federal equal employment policy in decades. The Commission argues that these reports are inconsistent with equal employment law, potentially unconstitutional, unnecessarily burdensome, and no longer needed to enforce anti-discrimination laws. While…
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Part 3: Best Practices for Federal Contractors and Private Employers

Organizations seeking to reduce Title VII, Executive Order, and FCA risk should consider adopting a prevention-based compliance strategy. Conduct Periodic Workforce Diagnostic Reviews At least annually, evaluate: Applicant flow data Hiring outcomes Promotions Terminations Compensation decisions Performance ratings The objective is to identify potential indicators requiring further review. Validate Job-Related Decision Criteria Ensure hiring, promotion,…
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Part 2: Workforce Diagnostic Analytics, The Missing Risk Management Tool

The most important lesson from recent DOJ investigations is not that discrimination exists. The most important lesson is that the government is increasingly using data, statistical evidence, and outcome analyses to identify potential violations. Federal contractors should be doing the same. What Are Workforce Diagnostic Analytics? Workforce diagnostic analytics are statistical and compliance analyses designed…
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