Part 1 – Federal Contractors: Prepare for the Next Wave of Audits

EO 14398 and FAR 52.222-90 Signal a Major Shift in Federal Enforcement The federal contractor compliance landscape is undergoing one of its most significant transformations in decades. For years, contractors largely associated compliance oversight with affirmative action plans, OFCCP desk audits, and technical reporting obligations. Today, however, the federal government appears to be expanding its…
Read More

EEOC Performance Report (Part III): How Employers Can Prevent EEOC Complaints Before They Start

If employees file complaints when fairness breaks down, prevention requires more than policies, it requires operational discipline. Organizations that successfully reduce EEOC risk do not rely on reactive compliance. They build systems that make fairness visible, decisions understandable, and practices consistent across the organization. At the core of this effort is the concept of procedural…
Read More

EEOC Performance Report (Part II): Why Employees File EEOC Complaints

While rising enforcement activity and monetary recoveries have drawn attention to the U.S. Equal Employment Opportunity Commission, they do not fully explain a more fundamental question facing employers today: Why do employees decide to file complaints in the first place? In practice, most EEOC charges are not triggered by a single event. They are the…
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