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Category: Affirmative Action and Diversity

EEOC Publishes First Guidance on DEI-Related Discrimination in the Workplace

The Equal Employment Opportunity Commission on March 19 published two documents addressing how workplace practices related to diversity, equity, and inclusion (DEI) may violate Title VII of the Civil Rights Act. The first document — entitled “What To Do If You Experience Discrimination Related to DEI at Work” — aimed at individuals who might have experienced DEI-related discrimination. The second...
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Category: Affirmative Action and Diversity

New CWC State And Local AAP Development And Submission Requirements Resource

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published a new resource that covers state and local affirmative action program development and submission requirements for contractors. The resource — CWC’s State and Local AAP Development and Submission Requirements — highlights jurisdictions where contractors are required or could be asked to maintain or submit qualitative or quantitative...
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Category: Affirmative Action and Diversity

EEOC Acting Chair Probes DEI Practices of 20 Law Firms

EEOC Acting Chair Andrea Lucas has launched a probe of DEI practices at major law firms. On March 17, she sent letters to 20 firms and established an email address through which whistleblowers can report potentially unlawful activity. The letters ask the firms to supply information about their DEI-related employment practices and express Lucas’s concern that they may entail disparate...
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Category: Affirmative Action and Diversity

OFCCP Terminates All FAAP Agreements

The Office of Federal Contract Compliance Programs terminated all Functional Affirmative Action Program (FAAP) agreements between OFCCP and federal contractors on February 20. The agreements permitted contractors to structure their affirmative action programs (AAPs) by function rather than location. The regulations implementing Executive Order 11246 had required federal contractors to structure their AAPs by location unless OFCCP approved a different...
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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Category: Affirmative Action and Diversity

CWC’s Updated Equal Opportunity and Affirmative Action Policy Templates

CWC, our affiliated nonprofit membership association, has updated its equal opportunity and affirmative action policy statement templates to reflect the rescission of Executive Order 11246. These templates, available to our member companies, can help federal contractors as they review their policies to ensure compliance with E.O. 14173. There are two versions of the templates: (1) an Affirmative Action Policy Statement,...
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Category: Affirmative Action and Diversity

Enforcement of E.O. 14173 Begins

The Trump Administration has wasted no time in beginning to enforce Executive Order 14173, which instructs all federal agencies to enforce civil rights laws and combat illegal private sector diversity, equity, and inclusion activities. The Federal Communications Commission has launched an investigation into the DEI practices of Comcast Corporation and NBCUniversal. The FCC selected Comcast for review because of “substantial...
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Category: Affirmative Action and Diversity

Trump Administration Faces First Legal Challenge on Pair of Diversity Executive Orders

Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare...
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Category: Affirmative Action and Diversity

President Trump’s Executive Order Recognizing Two, And Only Two, Sexes

On his first day in office, President Trump signed Executive Order (E.O.) 14168 to establish the federal government’s position that there are two sexes, male and female, that are not changeable. The E.O. defines “female” as “a person belonging, at conception, to the sex that produces the large reproductive cell” and defines “male” as “a person belonging, at conception, to the sex...
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Category: Affirmative Action and Diversity

Acting Secretary of Labor Micone Orders OFCCP To Halt All E.O. 11246 Investigations

Acting Labor Secretary Vincent Micone has ordered DOL personnel to cease all enforcement activities under rescinded Executive Order 11246 and to pause enforcement activities under VEVRAA and Section 503 of the Rehabilitation Act of 1973 pending further guidance. Secretary’s Order 03-2025, issued January 24, 2025, covers “all pending cases, conciliation agreements, investigations, complaints, and any other enforcement-related or investigative activity.”...

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