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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Why Companies Outsource: The Free-Market Realities Shaping the Skilled Labor Crisis

PART II — Why Companies Outsource: The Free-Market Realities Shaping the Skilled Labor Crisis The federal push to bring jobs back to the United States cannot be understood in isolation. Employers do not outsource simply to cut corners, they outsource because global economic pressures, labor shortages, and structural educational barriers make it difficult to fill…
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Rebuttal: Affirmative Action Does Not Divide Us, Discrimination Did

Recently, a House Representative claimed that affirmative action “divides us.” This statement not only misrepresents the intent and impact of affirmative action but also ignores the painful history that made such policies necessary in the first place. Affirmative action was not born out of a desire to divide Americans—it was born out of a national…
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March 24 Marks a Turning Point in Enforcement: EEOC Hits Hard, OFCCP Reloads with New Director

On March 24, 2025, the landscape of workplace compliance took a sharp turn. In one day, the U.S. Equal Employment Opportunity Commission (EEOC) announced three major enforcement actions, totaling over $1 million in settlements, while the Office of Federal Contract Compliance Programs (OFCCP) appointed Catherine Eschbach as its new director. This alignment is more than…
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Identifying Triggers in Workplace Discrimination: What Employers Need to Watch For

Ensuring equal employment opportunity (EEO) compliance is an ongoing responsibility for employers, particularly federal contractors. Non-compliance triggers can indicate potential risks, even if discrimination is not intentional. By proactively identifying and addressing these issues, organizations can mitigate legal risks and strengthen their compliance programs.  This guide highlights some of the most common non-compliance triggers that…
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