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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PART 3 – Workforce Diagnostics: Identify Risk Before Someone Else Does

Against this backdrop, relying solely on written nondiscrimination policies may not be enough. An organization can have well-designed policies, experienced HR professionals and established procedures, and still have workforce patterns that management does not know exist. A proactive Workforce Diagnostic Analysis provides an objective, data-driven way to examine what is actually happening across the workforce….
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OMB Approves Renewal of Form CC-305: Federal Contractors Must Continue Collecting Voluntary Disability Self-Identification Information

On July 16, 2026, the Office of Management and Budget (OMB) has approved the continued use of Form CC-305 (Voluntary Self-Identification of Disability), reaffirming that covered federal contractors remain subject to the disability self-identification requirements under Section 503 of the Rehabilitation Act. The approved form is available on the U.S. Department of Labor’s website. OFCCP…
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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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