Compliance Stuff

The Trump administration has continued its efforts to step back from enforcing “unintentional” workplace bias liability and is focused on intentional discrimination instead. The EEOC announced earlier this month that it would continue to only prioritize enforcement in intentional discrimination cases (known as disparate treatment liability ), with a focus on bias in DEI programs. The agency will not focus on workplace discrimination stemming from a policy or practice that unintentionally discriminates against a population of employees (which is known as disparate impact liability ). Notably, the Department of Justice (DOJ) backed that position in a June 9 memo giving its opinion that the disparate impact theory of liability is likely unconstitutional. According to the DOJ, the government has been holding employers to an unfairly high standard when it comes to defending everyday workplace practices like background checks, skills tests, and education requirements . The DOJ’s position h...

On February 26, 2026, U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the 500 largest companies in the United States warning them of potential liability under Title VII of the Civil Rights Act of 1964 for race and sex-based discrimination that may result from diversity, equity, and inclusion (DEI) policies or practices. The move is the latest by the EEOC chair as she continues the shift in civil rights enforcement in line with the Trump administration, with significant implications for employers across industries. Quick Hits The EEOC issued a warning to Fortune 500 companies about potential Title VII violations related to DEI programs, urging merit-based practices. This marks a continuation of the shift in enforcement priorities, indicating possible increased litigation against companies with policies, programs, or practices that the EEOC has characterized as DEI-related discrimination. The letter, entitled “ Reminder of Title VII Obligations R...

Feds continue to focus on contractors’ DEI programs.  Deputy U.S. Attorney General Todd Blanche issued a  Memorandum  on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce anti-discrimination laws by deploying a new Civil Rights Fraud Initiative . The purpose of this Initiative is to identify violators of civil rights laws and pursue claims under the False Claims Act. What is the False Claims Act? The False Claims Act generally provides that any person who knowingly submits false claims to the government can be liable for three times the government’s damages, plus a penalty tied to inflation . The FCA allows private citizens to sue on behalf of the government (called “ qui tam ” suits), and successful claimants typically receive a portion of the government’s recovery.  Q ui tam  suits most often involve fraudulent billing or misuse of government funds. The Justice Department recovered more than $2.9 billion unde...

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical assistance issued by the acting director of the EEOC last month. Quick Hits A group of former EEOC officials has issued a statement asserting that employers can implement specific DEI programs without violating antidiscrimination laws, despite recent technical assistance from the acting chair of the EEOC that could classify such initiatives as unlawful discrimination. The former officials argued that proactive efforts to promote diversity and equal opportunity are essential and can be executed lawfully. They identified specific DEI-related initiatives: antidiscrimination training, employee resource groups, broader recruitment efforts, and demographic data collection, as lawful practices that can help employers prevent unlawful discrimination. In the lengthy statement, the...

  In a recent development, America First Legal (AFL) has   formally requested   the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to investigate federal   contractors that allegedly have illegal diversity, equity, and inclusion (DEI) policies . Stephen Miller, the White House Deputy Chief of Staff for Policy and a close confidant of President Trump, co-founded AFL and is likely aware (and perhaps directed the writing) of  the letter requesting OFCCP action . In the letter, which was sent on February 14, 2025, AFL stated that the authority for OFCCP to conduct these investigations is the Equal Opportunity Clause (41 C.F.R. § 60-1.4(a)) and President Trump’s  Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  Specifically, AFL stated the following: … [OFCCP] should go further and immediately surge available resources to investigations of open and notorious prohibited discrimination....