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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Part 2 – Why Workforce Analytics May Matter More Than Ever: The Rise of Merit-Based Compliance Under EO 14398

As federal contractors adjust to the rapidly evolving compliance environment surrounding Executive Order 14398 and FAR 52.222-90, many employers are asking an increasingly common question: Should we stop conducting workforce analytics altogether? For some organizations, concern surrounding DEI enforcement has created hesitation about reviewing hiring, promotion, compensation, or workforce demographic data. That reaction may be…
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