Compliance Stuff

On Friday, April 10, 2026, the Department of Justice (“DOJ”) announced a $17 million False Claims Act (“FCA”) settlement with International Business Machines (“IBM”), based on the company’s alleged violations of federal anti-discrimination laws. The settlement is the first under the DOJ’s  Civil Rights Fraud Initiative,  created last May with the objective of investigating and prosecuting “illegal DEI” practices, primarily through an FCA lens. Coupled with a new  Executive Order —issued on March 26—that imposes contract prohibitions on “racially discriminatory DEI activities” in federal government contracts and subcontracts, the IBM settlement signals an escalation in the government’s focus on DEI programs and employment policies. The DOJ Press Release and Settlement Agreement   The Alleged “Covered Conduct” Identifies Specific Problematic Practices.  DOJ alleged that IBM improperly made employment decisions based on protected characteristics t hrough specific ...

  As federal agencies continue to navigate budget constraints, geopolitical uncertainty, workforce shortages, and rapid technological change, government contractors entering 2026 face an increasingly complex legal and enforcement environment. Recent case law, agency guidance, and enforcement activity reflect a clear trend: Contractors are being held to higher standards of documentation, transparency, and internal controls across the procurement lifecycle. Below are six legal issues government contractors should be actively monitoring — and preparing for — in 2026. 1.  Heightened Scrutiny of Responsibility Determinations and Contractor Integrity Agencies are paying closer attention to contractor “responsibility,” particularly with respect to ethics, compliance systems, financial viability, and past performance. Responsibility determinations — long considered largely discretionary — are increasingly shaped by issues that extend well beyond the instant procurement. Recent litiga...

Since Representative Andy Biggs (R-AZ) first  introduced  the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86) , there has been immense speculation about the future of the Occupational Safety and Health Administration (OSHA). The inauguration of President Donald Trump served to increase scrutiny of the agency, and actions by the Department of Government Efficiency (DOGE) have caused speculation to run rampant. The focus on the NOSHA Act, what the administration might do, and how DOGE might impact OSHA may be distractions from a bigger threat facing OSHA and the way it regulates workplace health and safety. Quick Hits The introduction of the “Nullify the Occupational Safety and Health Administration Act” bill by Representative Biggs (R-AZ) has sparked significant speculation about the future of OSHA, especially under the Trump administration. Justice Thomas’s dissent to the denial of certiorari in  Allstates Refractory Contractors, ...

The Equal Employment Opportunity Commission (EEOC) has initiated enforcement of the Pregnant Workers Fairness Act (PWFA) following the release of its final rule and interpretative guidance in April 2024 . We previously provided a comprehensive recap of the PWFA, the EEOC’s final rule and guidance and key takeaways for employers  here  and  here . Last month, t he EEOC filed its first three lawsuits against employers under the PWFA and announced a settlement against a fourth employer resolving a pregnancy discrimination charge where the employer terminated the employee after she requested an accommodation to attend medical appointments. These matters serve as a stark reminder to employers of their obligations under the PWFA and the EEOC’s intent to enforce those obligations. September 10, 2024: EEOC v. Wabash National Corporation In a lawsuit filed on September 10, 2024 in the Western District of Kentucky, the EEOC alleges that a national producer of semi-trailers and oth...