On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memorandum”), responding to the federal government’s recent practice, as Attorney General Bondi puts it, of “turn[ing] a blind eye toward, or even encourag[ing], various discriminatory practices
Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports
On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The court held that the EEO-1 Reports are not protected from disclosure under the FOIA exemption
DOJ Civil Division’s New Enforcement Priorities Include Targeting DEI
On June 11, 2025, Assistant Attorney General Brett Shumate issued a memorandum entitled Civil Division Enforcement Priorities (the “Memorandum”), outlining five areas of focus for Department of Justice (“DOJ”) Civil Division investigations and enforcement actions. Among these priorities is “combatting unlawful discriminatory practices in the private sector.”
Referencing President Donald
OFCCP Proposes Sweeping Overhaul of Federal Contractor Compliance Rules
- First, the agency proposes to rescind all regulations that give effect to Executive Order 11246 (“EO 11246”).
- Second, OFCCP seeks to amend
Trump Administration Proposes Closing OFCCP
The Trump Administration has announced plans to “eliminate” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), the agency currently responsible for enforcing affirmative action and anti-discrimination protections for veterans and workers with disabilities among federal contractors. Under the Trump Administration’s fiscal year 2026 budget proposal, the
EEOC Opens EEO-1 Data Collection Portal With Reporting Changes
The Equal Employment Opportunity Commission (“EEOC”) has opened the 2024 EEO-1 data-collection cycle and set Tuesday, June 24, 2025, as the filing deadline for submissions. According to the EEOC, this year’s reporting window is shorter than in prior cycles as part of its “efforts to identify continued cost savings for
EEOC Seeks Elimination of Voluntary Reporting Non-Binary Data in EEO-1
On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data collection. Among the requested changes, the EEOC seeks OMB approval for the elimination of the option allowing employers
Michael Schloss: New OFCCP Acting Director and Deputy Director of Policy
According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who previous served as Acting Director, is now listed as Deputy Director. The agency has
What’s Next for OFCCP? Agency Issues First Statement After President Trump’s Revocation of EO 11246
On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order 11246 . The message served to inform contractors of the import of Trump Order, but also that some
Breaking: President Trump Rescinds Executive Order 11246
On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246. EO 11246 is the underpinning for government contractor race and sex affirmative action program requirements. The order also