Part 3: Best Practices for Federal Contractors and Private Employers

Organizations seeking to reduce Title VII, Executive Order, and FCA risk should consider adopting a prevention-based compliance strategy. Conduct Periodic Workforce Diagnostic Reviews At least annually, evaluate: Applicant flow data Hiring outcomes Promotions Terminations Compensation decisions Performance ratings The objective is to identify potential indicators requiring further review. Validate Job-Related Decision Criteria Ensure hiring, promotion,…
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Part I: What Recent DOJ Investigations Reveal About Compliance Risks for Federal Contractors

Recent actions by the U.S. Department of Justice (DOJ) should serve as a wake-up call for federal contractors and employers nationwide. In June 2026, the DOJ launched an investigation into alleged race discrimination at the City University of New York (CUNY) involving its Black Male Initiative program. The Department is examining whether educational opportunities and…
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Part 1 – Federal Contractors: Prepare for the Next Wave of Audits

EO 14398 and FAR 52.222-90 Signal a Major Shift in Federal Enforcement The federal contractor compliance landscape is undergoing one of its most significant transformations in decades. For years, contractors largely associated compliance oversight with affirmative action plans, OFCCP desk audits, and technical reporting obligations. Today, however, the federal government appears to be expanding its…
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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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EO 14173 Enforcement Trends to Watch in 2026

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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