News & Analysis as of

Federal Contractors Affirmative Action Race Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

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

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

Lathrop GPM on

The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

Robinson+Cole Construction Law Zone

Federal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in...more

DirectEmployers Association

Part IV: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC...

Today’s Blog discusses “How to Lawfully Engage in Race-Based Employment Decisions If You Choose to Do So.” PUNCHLINE: Let me start with the legal conclusion and then work backward to the underlying legal decisions which...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #5

Monday, July 31, 2023: Part IV (Finale): Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - ...more

Spilman Thomas & Battle, PLLC

Employer Considerations Following the Supreme Court’s Decision on Affirmative Action

Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...more

DirectEmployers Association

Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC...

Monday, July 10, 2023: Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - This is...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #2

Monday, July 3, 2023: Four Implications Impacting Federal Government Contractors and Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - This is Part I of...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Fisher Phillips

What Impact Will Supreme Court’s “Affirmative Action” Decision Have on Federal Contractor Employers? An 8-Step Plan

Fisher Phillips on

The Supreme Court recently cracked down on the use of “race-conscious” admissions for academic institutions, mostly blocking them from considering race as part of a holistic evaluation of prospective students. What does this...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

Perkins Coie on

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

DirectEmployers Association

OFCCP Week In Review: July 2023

Tuesday, June 27, 2023: At 11th Hour, OFCCP Made Changes to Contractor Portal FAQ - Update Made Two Days Prior to Certification Deadline - Thursday, June 29 “Deadline” Not Extended - Adding to the existing...more

DirectEmployers Association

The Harvard and UNC Case Decisions Are Coming: What Corporations, Colleges and Universities, and Federal Contractors Need to Know

I do not take a position either pro or con race-based admission decisions in this Blog, but rather want to accomplish three different things: In Part I, below, I want to help prepare readers for the case decisions...more

DirectEmployers Association

There Are Three Reasons The Coming Harvard & UNC Case Decisions Will Not Harm “Affirmative Action” Despite Now Growing Fears

Last Monday, the U.S. Supreme Court heard (in an extraordinary session) almost five hours of oral argument in back-to-back cases challenging university admission policies relying in part on the race, ethnicity, and national...more

Littler

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mitratech Holdings, Inc

The OFCCP in 2022 - What’s in Store?

Where did 2021 end? In a muddle. In the spring, the country was reaching COVID ‘herd immunity’ through vaccination. Then came summer and the Delta strain of the virus, followed by Christmas Eve, when 3,000 airline flights...more

Mitratech Holdings, Inc

Ten Recent OFCCP Reforms You May Not Have Heard About - Part 1: Discrimination and Liability-Based Reforms

The Office of Federal Contract Compliance Programs (OFFCP) has recently announced a number of reforms – and all companies with federal contracts should take notice. In part 1 of this series, learn about five...more

DirectEmployers Association

OFCCP Week In Review: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

DirectEmployers Association

EO 13950 Imploded Even Before Biden Could Cancel it

RECAP - U.S. District Court Preliminarily Enjoined EO 13950 Ban on “Divisive” D&I Training - OFCCP Canceled Announced Focused Reviews on D&I - OFCCP Has Also Stopped EO 13950 Complaint Investigations...more

Constangy, Brooks, Smith & Prophete, LLP

What Employers Can Expect From The Biden Administration, Part 2

Predictions from our attorneys in the practice areas that affect employers. NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP’s Fiscal Year 2020 Non-Financial Conciliation Agreements: A Review of the Past to Prepare for the Present and Future

Federal contractors and subcontractors have numerous affirmative action obligations and only so much time each day to devote to compliance. As a result, some requirements may tend to fall by the wayside as contractors focus...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How is OFCCP responding to EO 13950?

Since September 22, 2020, when President Donald J. Trump signed an executive order (EO) titled “Executive Order on Combating Race and Sex Stereotyping,” the Office of Federal Contractor Compliance Programs (OFCCP) rolled out...more

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