When Executive Order 14173 was issued in January 2025, revoking Executive Order 11246, many federal contractors took a sigh of relief

Washington, D.C. — February 2026 — The U.S. Equal Employment Opportunity Commission (EEOC) has published a reminder highlighting employers' obligations under Title VII of the Civil Rights Act of 1964...

When employers think about discrimination risk, they usually focus on familiar protected categories such as race, sex, ethnicity, age, disability, or religion.

Recent statements from EEOC leadership have characterized certain corporate diversity, equity, and inclusion (DEI) practices as potentially "unlawful" under Title VII, prompting employers...

Federal contractors face a new enforcement reality where the DOJ increasingly uses data and statistical evidence to identify potential discrimination violations. Organizations must adopt workforce diagnostic analytics as an early warning system to detect patterns, identify risks, and demonstrate proactive compliance before regulators intervene.

The EEOC's proposal to eliminate EEO-1 through EEO-6 workforce demographic reporting requirements represents a fundamental shift in federal equal employment policy. While the Commission argues these reports are burdensome and potentially unconstitutional, critics contend that abandoning this data collection will make workplace discrimination significantly harder to identify and prevent.

A newly issued Executive Order, "Addressing DEI Discrimination by Federal Contractors," marks a decisive shift in how the federal government evaluates workplace practices.

Organizations often focus on salaries and raises, but strategic compensation programs serve as powerful tools for attracting talent, retaining high performers, and reducing legal risk.

As 2026 approaches, the compliance landscape shaped by Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," is entering a more enforcement-focused phase.

Federal contractors now face significant new nondiscrimination requirements through FAR 52.222-90, which directly incorporates compliance obligations into the procurement process and connects them to government payment decisions under the Civil False Claims Act. The clause applies to covered federal contracts and subcontracts above the micro-purchase threshold, requiring contractors to certify they will not engage in racially discriminatory DEI activities during contract performance. With serious consequenc

Organizations face increasing scrutiny from federal regulators over employment decision-making processes, particularly regarding potential discrimination. Recent DOJ investigations into major universities signal a fundamental shift in enforcement priorities, moving beyond policy review to examining whether race influenced decisions and demanding proof of neutral decision-making. Federal contractors must now demonstrate through workforce analytics that their employment systems operate fairly and consistently

For much of 2025 and early 2026, federal contractors have watched the Office of Federal Contract Compliance Programs (OFCCP) become unusually quiet.

The Equal Employment Opportunity Commission may be considering significant changes to the EEO-1 workforce reporting requirement that has existed for nearly 60 years. This analysis examines whether the EEOC Chair has the legal authority to eliminate or substantially modify this congressionally-mandated...

On Dec. 10, 2025, the U.S. Department of Justice (DOJ) filed a federal lawsuit against Minneapolis Public Schools (MPS), alleging unlawful race- and sex-based employment practices...

Conflicting signals from federal agencies have prompted some employers to scale back or suspend DEI-related initiatives out of fear that such programs may be considered "illegal."

Even if OFCCP remains quieter than in past years, federal contractors should not interpret that as a compliance "pause." In 2026, the smartest strategy is quiet preparation.

Federal contractors face a major compliance shift as Executive Order 14398 and FAR 52.222-90 expand enforcement beyond traditional affirmative action to encompass anti-discrimination, merit-based employment systems, and potential False Claims Act exposure. Employment practices are now procurement-sensitive compliance matters requiring audit-ready systems and objective decision-making standards.

Between anti-DEI messaging from federal leadership and continued Title VII enforcement actions penalizing race and sex discrimination...

Federal contractors face a critical question in the wake of Executive Order 14398: should they abandon workforce analytics entirely, or are these diagnostic tools more essential than ever for compliance? This analysis examines how properly structured workforce analytics can reduce legal risk while supporting merit-based employment systems in today's evolving regulatory landscape.

A recent court decision involving Starbucks offers an important lesson for federal contractors navigating today's DEI scrutiny...