Federal Contractors on Notice: $93 Million in Settlements, and an Unprecedented New Era of Qui Tam Whistleblower Exposure

A three-part article series for HR Unlimited, Inc. | November 2026 The Changing Landscape of Federal Antidiscrimination Enforcement Before January 21, 2025, the Office of Federal Contract Compliance Programs (OFCCP) was the primary agency enforcing Executive Order 11246 among federal contractors. Discrimination violations were generally addressed through conciliation agreements, corrective actions, and, when appropriate, monetary…
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What Agencies Can Actually Ask For: Books, Records & Accounts

“VERIFY BEFORE YOU CERTIFY” — 3-MINUTE BRIEF, PART 4 OF 4 The final brief in this series: what to have audit ready before a request ever arrives. Recap: FAR 52.222-90 requires contractors to furnish “all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer.” No agency has…
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Part 2: Before You Certify, Verify

A Pragmatic Compliance Framework for Federal Contractors The IBM and Deloitte settlements do not mean that contractors should stop conducting outreach, reviewing workforce data, or working to ensure equal employment opportunity. They demonstrate the importance of distinguishing between two very different activities: Using workforce data to identify and remove possible barriers; and Using protected characteristics…
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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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The EEOC’s Title VII Enforcement Transformation: Why Employers Must Reevaluate Their Employment Practices Now

Part II of II: From Compliance to Prevention—Best Practices to Reduce Title VII and False Claims Act Risk As the EEOC continues to increase enforcement activity involving race- and sex-based employment practices, employers should view compliance as a proactive risk-management strategy rather than a reactive exercise. The most successful organizations will be those that identify…
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