In light of DOJ’s stated priorities, federal contractors and private employers (100 or more employees) should take proactive steps to mitigate FCA exposure tied to discrimination risks. Conduct a Privileged Internal Review Review hiring, promotion, compensation, mentorship, and training programs under attorney-client privilege to assess whether any practices could be interpreted as steering decisions based…
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On Dec. 10, 2025, the U.S. Department of Justice (DOJ) filed a federal lawsuit against Minneapolis Public Schools (MPS), alleging unlawful race- and sex-based employment practices embedded in the district’s collective bargaining agreement (CBA). According to the complaint, MPS prioritized teachers who belonged to “underrepresented populations,” set explicit numerical staffing goals for “BIPOC” employees, and…
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Eight months after the issuance of Executive Order 14173, the federal contracting community has entered a new compliance era, one defined not by the creation of Affirmative Action Plans, but by the ability to prove nondiscrimination through certification. The transition from Executive Order 11246 to EO 14173 may have simplified paperwork, but it also raised…
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In today’s workplace, diversity, equity, and inclusion (DEI) are more than values — they are business imperatives. Under Executive Order 14173, federal contractors and subcontractors are required to analyze their employment practices and certify that their workplaces are free from discrimination. One of the most effective ways to meet these obligations and advance workplace fairness…
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When Executive Order 14173 was issued, it sent shockwaves through the federal contracting community. By revoking EO 11246, which had governed federal contracting for over six decades, this new order introduced uncertainty and left many contractors scrambling to understand the new compliance landscape. With no clear guidance on how to ensure non-discriminatory employment practices, many…
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