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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Don’t Get Caught Off Guard: Discrimination Lessons from the TNT Crane Case

The recent case of TNT Crane & Rigging, Inc., one of North America’s largest crane service providers, highlights the critical importance of fostering a workplace that is free from discrimination, harassment, and retaliation. The company agreed to pay $525,000 and implement extensive corrective measures to resolve a lawsuit filed by the U.S. Equal Employment Opportunity…
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EO 11246 in Context: What Federal Contractors Need to Know About OFCCP’s Recent Invitation

The newly appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) has sent an email, June 27, 2025, inviting federal contractors to voluntarily report how they have wound down their compliance with Executive Order (EO) 11246. The letter asserts that EO 11246 encouraged discriminatory practices such as race- or sex-based quotas and implies…
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The Legacy of EO 11246: A Hard-Fought Battle Against Workplace Discrimination

  For nearly six decades, Executive Order 11246 has stood as a cornerstone in the fight against workplace discrimination. More than a regulatory requirement, it has served as a powerful tool for progress—challenging employers to confront systemic bias and build fair, inclusive hiring practices. Before EO 11246, discrimination in the workplace wasn’t just tolerated—it was…
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