Compliance Stuff

On June 18, 2026, the nonprofit organization As You Sow filed a Freedom of Information Act (FOIA) complaint against the U.S. Department of Labor (DOL) in the U.S. District Court for the District of Columbia, seeking to compel disclosure of Type 2 Consolidated EEO-1 Report data submitted by federal contractors for 2021 and 2022. 0:00 8:57 Quick Hits A nonprofit has sued DOL under FOIA to compel disclosure of federal contractors’ 2021 and 2022 Type 2 EEO-1 data, the most recent reporting years targeted by such a request. The suit mirrors an earlier case in California, C enter for Investigative Reporting v. U.S. Department of Labor , where the same type of FOIA request for contractor EEO-1 data led to disclosure of the 2016 through 2020 reports. The suit was filed as the EEOC moves to rescind the EEO-1 reporting requirement, meaning contractors that f iled Type 2 reports for 2021 and 2022 may face pressure to disclose data even as the report itself heads toward elimination . The suit fol...

The Diversity, Equity, and Inclusion (DEI) legal landscape continues to shift and present new risks as DEI continues to be a focus for the federal government and ideologically aligned state Attorneys General. Most recently, late-March 2026 produced three fast-moving developments that signal continued—and in some areas intensified—scrutiny of DEI-adjacent initiatives for employers, federal contractors, and higher education institutions.  Specifically, the White House issued a new executive order aimed at federal contracts, the Department of Justice is now investigating the admissions practices of several medical schools, the Florida Attorney General has taken aim at a long-standing DEI-related rule used by the National Football League, and the EEOC is warning employers to that DEI policies may create race and sex-based discrimination in employment. Employers and other entities should be aware that these actions make clear that there is sustained interest in targeting DEI practices. ...

The FAR Council recently issued  much-anticipated guidance  implementing Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors.” 00:00 11:12 Quick Hits New clause FAR 52.222-90 declares contractor compliance “material” to the government’s payment decisions, creating direct False Claims Act liability for contractors who maintain prohibited programs. Agencies must bilaterally modify existing contracts to include the new clause by July 24, 2026 , and if a contractor refuses, agencies are told to consider whether the contract should be terminated for convenience. Prime contractors must flow the clause down to all tiers and report any subcontractor’s “known or reasonably knowable” violations to the contracting officer. While  EO 14398 , issued in March 2026, set the policy stage, this  new memorandum  provides the technical architecture and aggressive deadlines that federal contractors and subcontractors must navigate immediately. Below, w...