News & Analysis as of

Affirmative Action Compliance Employment Discrimination

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

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

Berkshire

America First Legal Calls on OFCCP to Investigate Contractors

Berkshire on

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

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

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

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

McNees Wallace & Nurick LLC

What U.S. Employers Need to Know about Upcoming DEI Executive Orders

On the first day of President Trump’s second administration, he signed the Ending Racial and Wasteful Government DEI Programs and Preferencing Executive Order. This order provides direction to eliminate any and all Diversity,...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

Cozen O'Connor on

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Cooley LLP

Attorney General Issues Memorandum on Ending ‘Illegal’ DEI and DEIA Policies – Now What? 

Cooley LLP on

On February 5, 2025, US Attorney General Pam Bondi issued a memorandum titled Ending Illegal DEI and DEIA Discrimination and Preferences (memo or directive). The memo came down as part of Bondi’s[KZ1] 14 “first-day”...more

Hahn Loeser & Parks LLP

Executive Order 14173: What it Means for Federal Contractors and Subcontractors

Recent actions by the federal government have called into question the use of measures intended to foster diversity, equity, and inclusion (“DEI”) on federal construction projects or projects receiving federal funding. On...more

Foley & Lardner LLP

President Trump Ends Affirmative Action Requirements for Federal Contractors

Foley & Lardner LLP on

Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and...more

Hinckley Allen

Trump Administration Targets DEI in Federal Contracting and Beyond

Hinckley Allen on

On January 21, 2025, President Trump advanced his pledge to “take action to abolish all discriminatory diversity, equity, and inclusion” (DEI) programs “throughout the government and the private sector” by issuing the...more

Shutts & Bowen LLP

Trump Executive Order Rescinds EO 11246 Regarding Affirmative Action for Contractors on Federal Projects

Shutts & Bowen LLP on

On January 21, 2025, President Trump issued an Executive Order (“EO”) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO revokes longstanding Executive Order 11246 (Equal Employment...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Morrison & Foerster LLP - Government...

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

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