EEOC Performance Report (Part I): From Policy to Proof – The New Standard for Workplace Compliance

Employers are entering a new era of enforcement—one in which compliance is no longer judged by policy, but by proof. The U.S. Equal Employment Opportunity Commission’s latest performance report signals a clear shift. Enforcement activity remains high, monetary recoveries continue to climb, and the agency’s focus on systemic discrimination is intensifying. For employers, particularly federal…
Read More

OFCCP Is Fully Funded for 2026: Part 2 – What Federal Contractors Should Do Now: Best Practices, Liabilities, and How to Avoid Risk in 2026

Even if OFCCP remains quieter than in past years, federal contractors should not interpret that as a compliance “pause.” In 2026, the smartest strategy is quiet preparation. Contractors should assume: compliance obligations still exist enforcement can resume quickly data and transparency will drive scrutiny complaints and whistleblowers will trigger investigations The Liability Federal Contractors Can…
Read More

OFCCP Is Fully Funded for 2026: Part 1 – What Federal Contractors Should Expect Next

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…
Read More

Is DEI Illegal Now: Part III – What Does Recent EEOC Messaging Mean for Employer Compliance in 2026

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…
Read More

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