PART 1 – EO 14398 & FAR 52.222-90: Nondiscrimination Enters the Federal Procurement Process

The federal contractor nondiscrimination landscape has evolved significantly. Following recent federal procurement changes associated with Executive Orders 14173 and 14398, Addressing DEI Discrimination by Federal Contractors, the FAR Council introduced FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026). The significance for federal contractors is substantial: nondiscrimination requirements are now being incorporated directly into…
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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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Breaking News: EEOC Reaffirms the Importance of Applicant Demographic Data Collection for Title VII Compliance

EEOC’s Uniform Guidelines Survive: Why Employers Should Continue Collecting Applicant Demographic Data In a development that may surprise many employers, the federal government has quietly reaffirmed one of the most important—and often misunderstood—compliance frameworks in employment law. On June 24, 2026, the White House Office of Information and Regulatory Affairs (OIRA) approved, without change, the…
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Part I: What Recent DOJ Investigations Reveal About Compliance Risks for Federal Contractors

Recent actions by the U.S. Department of Justice (DOJ) should serve as a wake-up call for federal contractors and employers nationwide. In June 2026, the DOJ launched an investigation into alleged race discrimination at the City University of New York (CUNY) involving its Black Male Initiative program. The Department is examining whether educational opportunities and…
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