For much of 2025 and early 2026, federal contractors have watched the Office of Federal Contract Compliance Programs (OFCCP) become unusually quiet. Compliance reviews stopped. Enforcement activity nearly disappeared. The contractor portal was shut down, and the agency’s future was publicly questioned. That is why the most recent appropriations news is significant: OFCCP has now…
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Executive Summary Between anti-DEI messaging from federal leadership and continued Title VII enforcement actions penalizing race and sex discrimination, private employers and federal contractors face a complicated compliance environment heading into 2026. While rhetoric suggests heightened scrutiny of “illegal DEI,” the legal reality is that Title VII has not changed: employment decisions may not be…
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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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As 2026 approaches, the compliance landscape shaped by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is entering a more enforcement-focused phase. Based on the recent HR Unlimited Roundtable with former OFCCP and EEOC leaders, federal contractors must brace for a dramatic and high-stakes shift in anti-discrimination enforcement in 2026. The focus is…
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