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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The EEOC’s Title VII Enforcement Transformation: Why Employers Must Reevaluate Their Employment Practices Now

Part I of II: Understanding the New Enforcement landscape and Its Impact on Employers For decades, employers generally viewed Title VII enforcement through the lens of protecting historically underrepresented groups from workplace discrimination. While Title VII itself has not changed, the Equal Employment Opportunity Commission (EEOC) has signaled a significant shift in how it approaches…
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What Federal Contractors and Private Employers Should Do Now: Part II

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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DOJ Suit Against MPS Highlights Employers’ Obligation to Maintain Merit-Based, Identity-Neutral Employment Practices

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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Proactive Compliance in the Post-EO 14173 Era: A Practical Guide to Self-Auditing

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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