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…
Read More

Workplace Discrimination Now in DOJ’s FCA Crosshairs: Part I

Federal Contractors and Private Employers Urged to Review Hiring, Pay, and Promotion Practices Washington, D.C. — February 2026 Federal contractors and grant recipients are facing a sharpened enforcement landscape following remarks by Brenna Jenny, Deputy Assistant Attorney General for the Commercial Litigation Branch of the U.S. Department of Justice (DOJ), at the Federal Bar Association’s…
Read More

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…
Read More

Is DEI Illegal Now: Part II – Is the EEOC’s Anti-DEI Messaging at Odds with Its Title VII Enforcement?

Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially “unlawful” under Title VII, prompting employers to question whether previously supported practices have become illegal overnight. However, while political rhetoric has shifted, the EEOC continues to litigate and conciliate traditional race and sex discrimination cases under Title VII, often resulting…
Read More

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…
Read More