PART 1 – EO 14398 & FAR 52.222-90: Nondiscrimination Enters the Federal Procurement Process

The federal contractor nondiscrimination landscape has evolved significantly. Following recent federal procurement changes associated with Executive Orders 14173 and 14398, Addressing DEI Discrimination by Federal Contractors, the FAR Council introduced FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026). The significance for federal contractors is substantial: nondiscrimination requirements are now being incorporated directly into…
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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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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…
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Google’s $50M Bias Settlement Puts Federal Contractors on Notice

On May 9, 2025, Google agreed to pay $50 million to settle a class-action lawsuit brought by over 4,000 Black employees who alleged the company engaged in systemic racial discrimination. The lawsuit was originally filed on March 2022 by former Google recruiter April Curley with the Civil Rights Department of the State of California. Curley…
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The EO 14173 Imperative: Using Data to Detect Discrimination Is No Longer Optional, It’s Essential

In today’s workplace, diversity, equity, and inclusion (DEI) are more than values — they are business imperatives. Under Executive Order 14173, federal contractors and subcontractors are required to analyze their employment practices and certify that their workplaces are free from discrimination. One of the most effective ways to meet these obligations and advance workplace fairness…
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