News & Analysis as of

Affirmative Action Compliance

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Sheppard Mullin Richter & Hampton LLP

What Should Contractors and Grant Recipients do in Response to the DEI Executive Orders?

In Part 1 of our blog series, we outlined the Trump Administration’s new Executive Orders (“EOs”) on Diversity, Equity, Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs, and the current...more

Berkshire

Navigating State and Local AAP and EEO Certification Requirements

Berkshire on

As we all move farther forward into the new era of EEO compliance during President Trump’s Administration, we are learning just how much the revocation of EO 11246 complicated the compliance landscape for organizations across...more

McAfee & Taft

Fulfilling obligations after revocation of LBJ’s EO prohibiting discrimination in employment by federal contractors

McAfee & Taft on

First executed by President Lyndon B. Johnson on September 28, 1965, Executive Order 11246 provides, in pertinent part, that: “It is the policy of the Government of the United States to provide equal opportunity in Federal...more

Frost Brown Todd

EEOC Lectures Employers About Unlawful DEI-Related Discrimination

Frost Brown Todd on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents (“Guidance”) regarding employer diversity, equity, and inclusion (DEI) policies, programs, and practices, and how...more

Constangy, Brooks, Smith & Prophete, LLP

Another new Director named for OFCCP

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

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

FordHarrison on

On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

DLA Piper

Enforcement of President Trump’s DEI Executive Order: A Strategic Roadmap for Companies Targeted for Investigation and Enforcement

DLA Piper on

Federal agencies have been enforcing President Trump’s Executive Orders, with various federal and state government agencies mobilizing to carry out Executive Order 14173, “Ending Illegal Discrimination and Restoring...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

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

Snell & Wilmer

Navigating Compliance: President Trump’s Executive Order and Affirmative Action for Federal Contractors

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On January 21, 2025, President Donald Trump issued the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order, which significantly alters federal contractor obligations related to affirmative...more

Latham & Watkins LLP

DOD and GSA Announce FAR Class Deviations to Implement DEI-Related Executive Orders

Latham & Watkins LLP on

Government contractors and subcontractors should be on the lookout for contract modifications as agencies begin implementing DEI-related Executive Orders....more

Berkshire

America First Legal Calls on OFCCP to Investigate Contractors

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America First Legal Foundation (AFL)—a nonprofit organization founded by current White House Deputy Chief of Staff Stephen Miller—has made headlines calling for federal investigations of a wide range of U.S. companies,...more

Jackson Lewis P.C.

A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP to lay off 90% of its workforce

Did you hear that? It was the other shoe dropping. Approximately one month after President Trump rescinded Executive Order 11246, the Office of Federal Contract Compliance Programs is preparing to reduce its staff by 90...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

Shipman & Goodwin LLP on

On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Morrison & Foerster LLP

DEI Risk Audits: Mitigate Risks and Protect Values

With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more

Keating Muething & Klekamp PLL

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Mintz - Employment Viewpoints

Federal Court Temporarily Halts Implementation of Portions of President Trump’s DEI-Related Executive Orders

A federal district court in Maryland has temporarily enjoined enforcement of several key aspects of two recent DEI-related executive orders from the Trump Administration – Executive Order 14151 (Ending Radical and Wasteful...more

Akin Gump Strauss Hauer & Feld LLP

DEI Implementation: GSA Announces Class Deviation to the Federal Acquisition Regulation to Implement DEI Related Executive Orders

On February 18, 2025, the U.S. General Services Administration (GSA) issued a Federal Acquisition Regulations (FAR) class deviation—CD-2025-041—to implement several Executive Orders (E.O.) relating to Diversity, Equity, and...more

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Tarter Krinsky & Drogin LLP

Executive Orders Challenge DEI Programs With Potential Impact For All Workplaces

In a matter of days, the White House issued multiple significant Executive Orders (“EOs”) regarding Diversity, Equity and Inclusion (“DEI”) programs. The situation is highly fluid. On February 3, several groups filed suit...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

Snell & Wilmer on

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Robinson & Cole LLP

Legal Update: Recent Executive Orders: What Employers Need to Know to Assess the Shifting Sands

Robinson & Cole LLP on

In January 2025, President Trump issued a flurry of executive orders. Several may significantly impact employers; the key aspects of these orders are described below, although this is not an exhaustive summary of every...more

Schwabe, Williamson & Wyatt PC

Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

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