The U.S. Department of Justice (the “DOJ”), Civil Division, has started issuing Civil Investigative Demands (“CIDs”) to federal contractors and grant recipients, seeking detailed information about their diversity, equity, and inclusion (“DEI”) practices. This move is part of the DOJ’s recently launched Civil Rights Fraud Initiative, which aims to enforce compliance with federal civil rights
Attorney General Pam Bondi Issues DEI Guidance to Recipients of Federal Funds
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
OFCCP Releases 2025 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2025 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) national benchmark. Effective July 30, 2025, the new benchmark is 5.1%, a slight decrease from 2024’s 5.2% benchmark. This is OFCCP’s tenth reduction of the national benchmark, which has steadily declined
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
Contractors: VETS-4212 Filing Window Will Be Open from August 1 Until September 30, 2025
Federal contractors and subcontractors meeting the VEVRAA eligibility threshold of having at least one federal contract totaling $150,000 or more (“Covered Contractors”) must annually file a VETS-4212 Report, which provides a breakdown of a Covered Contractor’s workforce based on protected veteran status. According to the VETS-4212 Portal, the VETS-4212
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
Secretary Of Labor Issues Order Detailing Next Steps for OFCCP Enforcement
On July 7, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 (the “Order”) impacting OFCCP’s enforcement of Section 503 of the Rehabilitation Act (“Section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”). Here is what you need to know about this development, based on the OFCCP’s bulletin
OFCCP Seeks Voluntary Disclosures from Federal Contractors on EO 14173 Compliance
On June 27, 2025, Office of Federal Contract Compliance Programs (“OFCCP”) Director Catherine Eschbach issued a letter announcing that OFCCP is “providing all federal contractors withthe opportunity to volunteer informationin narrative form about what actions they have taken” in response to Executive Order (“EO”)14173, “Ending Illegal Discrimination and Restoring Merit-Based
Department of Labor Announces Appointment of New OFCCP Director
On March 24, 2025, the Department of Labor announced the appointment of Catherine Eschbach as Director of OFCCP. Direct Eschbach joins the agency after serving as an appellate lawyer in private practice.
Director Eschbach intends to “oversee [OFCCP’s] transition to its new scope of mission[.]” Notably, in the announcement Director
Fourth Circuit Temporarily Allows DEI-Related EOs to Continue
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held