Compliance Stuff

Although there is no common definition of workplace diversity, equity, and inclusion (“DEI”), these programs can generally be characterized as falling into two groups—those that are inclusive and those that are exclusive in that they confer benefits on individuals based on their membership in a particular protected category . Examples of the latter include scholarships, mentorship, and other similar programs that are available only to members of a certain protected class.   In a profound shift, both types of DEI programs in the United States are being challenged. Employers find themselves at a crossroads: how to continue advancing principles of diversity and inclusion while navigating the heightened legal risk and compliance challenges arising out of this new legal environment.   Legal Standard Federal employment discrimination law rests on a principle of individual equality. Title VII of the Civil Rights Act of 1964 prohibits employers from making employment decisions “becaus...

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued  new guidance  directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion (DEI) programs must fully comply with federal civil rights laws, including Title VI, Title VII, Title IX (limited to educational institutions) and the Equal Protection Clause (limited to governments and their agencies) . The AG emphasized that practices involving preferential treatment based on protected characteristics (such as race, sex, or national origin) are unlawful unless narrowly tailored to meet specific legal standards, which are rarely satisfied outside of court-ordered remedies. The guidance warns against using protected traits directly or indirectly in hiring, promotion, scholarships, or training programs; segregating individuals by race or sex for access to opportunities, resources, and training; and implementing “diverse slate” requiremen...

GovDocs’ Webinar  Employment Law Shifts: First 120 Days of Trump Administration  tackles several of the notable employment law changes initiated by President Trump’s Second Administration. As stated by Presenter Jana Bjorklund, GovDocs Senior Counsel and Director, the Trump Administration has been “wildly busy” over the last four months, and much of it has been directed towards employment law.    In the webinar, Bjorklund identifies several key employment law shifts – including DEI, disparate impact liability, and federal contractor compliance – and discusses how these changes impact employers. Diversity, Equity, and Inclusion   There should be no surprise to employers that DEI has been a “hot button” since the start of Trump’s second term, as indicated by Bjorklund . Notably, she discusses two executive orders signed by President Trump earlier this year that had immediate impact to DEI:  Executive Order 14151 – Ending Radical and Wasteful Government DEI Pr...

  Here is the most up to date information on GSA Schedule policy changes, new awards, modifications of existing schedules, and the impact on current schedule holders.   GSA Workforce Reductions: The GSA is currently undergoing significant workforce reductions, including voluntary early retirements, resignations, and planned reductions in force (RIF). GSA is implementing a 50% reduction in both budget/staff. Overall staffing levels are expected to decrease substantially. Due to these reductions, GSA office consolidations and closures are also anticipated, potentially affecting contract administration timelines. GSA Schedule Minimum Sales Requirements: GSA has recently updated minimum sales requirements for Multiple Award Schedules (MAS). Contractors must now achieve $100,000 in sales within the first five years and $125,000 in each subsequent five-year period to maintain their schedule contracts. GSA intends to resume enforcement of these minimum sales thresholds, which may lea...

The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously  reported , several organizations filed a  lawsuit  in federal court in Maryland challenging two of President Trump’s Executive Orders. Judge Adam B. Abelson (a Biden appointee)  ruled  that certain provisions in the Executive Orders are unconstitutional and  barred  the federal government from enforcing them. The operative provisions The plaintiffs are the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Center United, and the Mayor and City Council of Baltimore. They challenged specific portions of the Executive Orders. With respect to Executive Order 14151, “ Ending Radical Government DEI Programs and Preferencing ,” the plaintiffs challenged t he provision directing the termi...