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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Eight Months After EO 14173 — What Changed and What it Means for Federal Contractors

When Executive Order 14173 was issued in January 2025, revoking Executive Order 11246, many federal contractors took a sigh of relief. To some, it appeared that decades of affirmative action planning and federal oversight had come to an end. Yet eight months later, the reality has become unmistakable: EO 14173 did not eliminate compliance requirements….
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What Is Merit-Based Hiring and Does It Work?

Definition of Merit-Based Hiring Merit-based hiring is a recruitment strategy that focuses on selecting candidates based solely on their skills, experience, qualifications, and performance rather than personal characteristics or biases. In simple terms, when companies adopt hiring based on merit, they prioritize measurable factors like job competency, test scores, and work history over subjective elements…
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EO 14173: The Future of Civil Rights Enforcement for Federal Contractors

As the sun sets on Executive Order 11246, a landmark directive that shaped affirmative action compliance for nearly 60 years, a new chapter in civil rights enforcement begins. Executive Order 14173, signed early in 2025, represents a fundamental shift—from mandate-driven affirmative action for women and minorities to a universal, merit-based approach to nondiscrimination for all…
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