Part 2 – Why Workforce Analytics May Matter More Than Ever: The Rise of Merit-Based Compliance Under EO 14398

As federal contractors adjust to the rapidly evolving compliance environment surrounding Executive Order 14398 and FAR 52.222-90, many employers are asking an increasingly common question: Should we stop conducting workforce analytics altogether? For some organizations, concern surrounding DEI enforcement has created hesitation about reviewing hiring, promotion, compensation, or workforce demographic data. That reaction may be…
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EEOC Issues Reminder: Title VII Applies to DEI Initiatives: Employers Urged to Ensure Compliance

Federal Contractors & Employers Must Align DEI Policies With Anti-Discrimination Law Washington, D.C. — February 2026 — The U.S. Equal Employment Opportunity Commission (EEOC) has published a reminder highlighting employers’ obligations under Title VII of the Civil Rights Act of 1964 as they relate to Diversity, Equity, and Inclusion (DEI) initiatives, a message that federal contractors and private employers should take…
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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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