OFCCP has had three heads in the first three months of 2025. Catherine Eschbach, a lawyer formerly with Morgan, Lewis & Bockius LLP, is the newly appointed Director of the Office of Federal Contract Compliance Programs. In...more
Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more
3/20/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Reverse Discrimination ,
Trump Administration
The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously reported, several organizations filed a...more
2/25/2025
/ Affirmative Action ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Private Sector ,
Separation of Powers ,
Trump Administration
DOL’s first step in the dismantling of EO 11246.
As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more
1/27/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
Labor Regulations ,
OFCCP ,
Rehabilitation Act ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
1/9/2025
/ Anti-Retaliation Provisions ,
Bias ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Green Cards ,
Immigration Procedures ,
Minimum Salary ,
NFL ,
NLRB ,
O-1 Aliens of Extraordinary Ability ,
Race Discrimination ,
Racial Bias ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
SolarWinds ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The future of DOL’s administrative law judges is now murky.
When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more
11/25/2024
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
OFCCP ,
Preliminary Injunctions ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Unconstitutional Condition ,
Wage and Hour
As employers continue to grapple with the complexities of Diversity, Equity, and Inclusion (DEI), negative stereotypes and legal challenges persist. This webinar offers practical insights to help organizations transform...more
Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more
9/11/2024
/ Affirmative Action ,
Bias ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Separation Agreement ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Wage and Hour
Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more
How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more
8/23/2024
/ Affirmative Action ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Federal Contractors ,
Human Resources Professionals ,
Mentor-Protege Program ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Students for Fair Admissions v Harvard College ,
Training
State Attorney General follows through on threat.
Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more
7/16/2024
/ Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Hiring & Firing ,
IBM ,
Job Promotions ,
Quotas ,
Race Discrimination ,
Reverse Discrimination ,
State Attorneys General ,
Students for Fair Admissions v Harvard College
Employers are increasingly focusing on Diversity, Equity, and Inclusion, but DEI policies and practices often overlook issues relating to gender identity. This blog post provides suggestions for helping to ensure that...more
Constangy partners Cara Crotty and Lara de Leon presented a webinar on the importance of DEI and provided suggestions on what organizations can do to determine whether its efforts are fostering a diverse, equitable, and...more