Part 2: Before You Certify, Verify

A Pragmatic Compliance Framework for Federal Contractors The IBM and Deloitte settlements do not mean that contractors should stop conducting outreach, reviewing workforce data, or working to ensure equal employment opportunity. They demonstrate the importance of distinguishing between two very different activities: Using workforce data to identify and remove possible barriers; and Using protected characteristics…
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Part 1: When Civil Rights Compliance Becomes a False Claims Act Risk

How DOJ Is Connecting Civil-Rights Compliance to the False Claims Act Federal contractors are entering a new era of civil-rights enforcement. On August 25, 2026, Deloitte, a Federal Contractor, agreed to pay $21.5 million to resolve Department of Justice allegations that it violated the False Claims Act by certifying compliance with federal-contract nondiscrimination requirements while…
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Enforcement Begins: Inside the EEOC’s post-EO 14173 Settlements

When Executive Order 14173 was issued in January 2025, many employers assumed that the revocation of Executive Order 11246 marked the end of federal oversight of affirmative action and diversity initiatives. Eight months later, that assumption has been proven dangerously wrong. While the structure of oversight has changed, enforcement has not disappeared. It has shifted….
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EEOC & DOJ’s Warning on DEI Marks a Turning Point for Federal Contractors Under EO 14173

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint warning that could reshape how employers, including federal contractors, approach Diversity, Equity, and Inclusion (DEI) programs. The message was unmistakable: Title VII of the Civil Rights Act prohibits employment discrimination based on race, sex, or any other protected characteristic,…
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