Title VII

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Is DEI Illegal Now: Part III – What Does Recent EEOC Messaging Mean for Employer Compliance in 2026

By / 3.11.2026 / No Comments

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…
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What Federal Contractors and Private Employers Should Do Now: Part II

By / 3.10.2026 / No Comments

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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Workplace Discrimination Now in DOJ’s FCA Crosshairs: Part I

By / 3.5.2026 / No Comments

Federal Contractors and Private Employers Urged to Review Hiring, Pay, and Promotion Practices Washington, D.C. — February 2026 Federal contractors and grant recipients are facing a sharpened enforcement landscape following remarks by Brenna Jenny, Deputy Assistant Attorney General for the Commercial Litigation Branch of the U.S. Department of Justice (DOJ), at the Federal Bar Association’s…
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Is DEI Illegal Now: Part II – Is the EEOC’s Anti-DEI Messaging at Odds with Its Title VII Enforcement?

By / 2.23.2026 / No Comments

Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially “unlawful” under Title VII, prompting employers to question whether previously supported practices have become illegal overnight. However, while political rhetoric has shifted, the EEOC continues to litigate and conciliate traditional race and sex discrimination cases under Title VII, often resulting…
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Is DEI Illegal Now: Part I – How Can Employers Compete for Talent Without Violating Title VII?

By / 2.13.2026 / No Comments

Conflicting signals from federal agencies have prompted some employers to scale back or suspend DEI-related initiatives out of fear that such programs may be considered “illegal.” However, overcorrecting in this direction creates its own set of risks, especially under Title VII, which continues to prohibit discrimination based on race, sex, disability, national origin, age, and other…
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