Discrimination

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While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action requirements for federal contractors, another provides carries even greater potential implications. The EO also introduces new contractual obligations…

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…

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and the agency flexibility in the resolution of violations.” 

Background

Directive 2024-01 rescinds and replaces DIR 2019-02, Early Resolution Procedures, which established…

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.

Of particular interest to federal government contractors, the EO provides that within 365 days of publication…

On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.” In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that…

OFCCP has completed the process of rescinding its Final Rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption” (the “Religious Exemption Rule”), which came into effect on January 8, 2021.

As we previously reported, the Religious Exemption Rule – adopted during the Trump Administration –…

OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and hours worked data, categorized by EEO-1 classification, race, ethnicity, and sex. The…

As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September.  As previously reported, the Order, among other things, required new contracts entered into with the federal government to include a clause prohibiting…

Quick Hit:

On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that limit government contractors’ anti-discrimination and diversity trainings.  The injunction prohibits the Defendants from enforcing the Executive Order as it…