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…
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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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DOJ Suit Against MPS Highlights Employers’ Obligation to Maintain Merit-Based, Identity-Neutral Employment Practices

On Dec. 10, 2025, the U.S. Department of Justice (DOJ) filed a federal lawsuit against Minneapolis Public Schools (MPS), alleging unlawful race- and sex-based employment practices embedded in the district’s collective bargaining agreement (CBA). According to the complaint, MPS prioritized teachers who belonged to “underrepresented populations,” set explicit numerical staffing goals for “BIPOC” employees, and…
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Proactive Compliance in the Post-EO 14173 Era: A Practical Guide to Self-Auditing

Eight months after the issuance of Executive Order 14173, the federal contracting community has entered a new compliance era, one defined not by the creation of Affirmative Action Plans, but by the ability to prove nondiscrimination through certification. The transition from Executive Order 11246 to EO 14173 may have simplified paperwork, but it also raised…
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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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