Quick Hit: On March 26, 2026, President Trump signed an Executive Order titled “Addressing DEI Discrimination by Federal Contractors” (the “Order”) which mandates the inclusion of a new clause (the “Clause”) in all covered federal contracts and contract-like instruments prohibiting federal contractors from engaging in “racially discriminatory DEI
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Ninth Circuit’s FOIA Ruling Moves Toward Implementation in EEO‑1 Disclosure Case
By Guy Brenner & Mallory Knudsen Hart on
Updated on February 12, 2026.
On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Department of Labor jointly asked the United States District Court for the Northern District of California to lift the temporary stay that has halted disclosure of certain federal contractors’ EEO-1 Type…
OFCCP Is Still Alive: Complaint Form Revisions, VEVRAA Recordkeeping Renewal, and FY2026 Funding
By Guy Brenner & Mallory Knudsen Hart on
Reports of OFCCP demise may have been premature, as 2026 has begun with some notable developments for the agency which suggests OFCCP is looking to be active in its reduced role and will have the funds to do so.
1) Complaint and Pre-Complaint Forms: Revisions to Align with E.O. 14173…
DOJ Begins Issuing Demand Letters to Contractors Under New Civil Rights Fraud Initiative
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…
What’s Next for OFCCP Under The Second Trump Term?
With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors. While the Trump transition team has not…
United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements
By Guy Brenner & Tony S. Martinez on
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements.
In 2022, Maximus Federal Services, Inc. (“Maximus”), won a contract with the Department of Health and…
Significantly Expanded OFCCP Scheduling Letter and Itemized Listing Now In Effect
By Guy Brenner & Olympia Karageorgiou on
Updated: September 2, 2023.
On August 25, 2023, OFCCP announced the implementation of its revised Combined Scheduling Letter and Itemized Listing, which “applies to supply and service compliance evaluations scheduled on or after August 24, 2023.” The documents are provided to contractors at the outset of OFCCP audits…
Contractors: VETS-4212 Filing Window Now Open Until September 30, 2023
By Guy Brenner & Olympia Karageorgiou on
Federal contractors and subcontractors meeting the VEVRAA eligibility threshold of having 50 or more employees and at least one federal contract totaling $150,000 or more (“Covered Contractors”) must annually file a VETS-4212 Report. The VETS-4212 filing period is now open, and contractors have until September 30, 2023 to submit their…