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

EO 14173 Enforcement Trends to Watch in 2026

As 2026 approaches, the compliance landscape shaped by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is entering a more enforcement-focused phase. Based on the recent HR Unlimited Roundtable with former OFCCP and EEOC leaders, federal contractors must brace for a dramatic and high-stakes shift in anti-discrimination enforcement in 2026. The focus is…
Read More

Part I: The New Compliance Landscape Under EO 14173

In her recent remarks, former OFCCP Director Catherine Eschbach emphasized that the compliance environment for federal contractors is undergoing a profound transformation under Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” She explained that this order establishes a “whole-of-government approach” to identifying and eliminating unlawful DEI practices, meaning that oversight will no longer…
Read More

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…
Read More