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Category: Affirmative Action and Diversity

Federal Court Cancels FCC Demographic Data Collection

A federal appeals court has vacated an order from the Federal Communications Commission that would have required broadcasters to file annual workplace demographic reports similar to the EEO-1. The FCC mandated these reports from 1970 to 2001 until court rulings led to their suspension. Last year, the FCC voted 3 to 2 to reinstate Form 395-B, demanding demographic data from...
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Category: Affirmative Action and Diversity

CWC’s Guide to New Jersey State Contractor Affirmative Action Requirements

The Center for Workplace Compliance, our affiliated nonprofit membership association, has updated a resource to help CWC members understand the equal employment opportunity and affirmative action obligations that New Jersey imposes on its state contractors. The New Jersey Treasury Department’s Division of Public Contracts Equal Employment Opportunity Compliance administers New Jersey’s contract compliance program. The division has published guidance, required...
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Category: Agency Enforcement

EEOC Subpoena Enforcement Suggests Focus on Anti-American Discrimination

The Equal Employment Opportunity Commission is seeking to enforce a subpoena against Mauser Packaging Solutions in connection with a Commissioner’s charge alleging unlawful steering and discrimination against American workers. The EEOC asserts that Mauser has not complied with its information requests seeking an electronic database of job candidates and incumbent employees at eight facilities over four years, including demographic, personnel, and contact...
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Category: Agency Enforcement

DOJ Launches Civil Rights Fraud Initiative Targeting Federal Contractors

The U.S. Department of Justice has launched a civil rights fraud initiative that will use the False Claims Act (FCA) to investigate federal contractors’ civil rights violations, DOJ announced May 19. The initiative will be led jointly by DOJ’s Civil Division's Fraud Section — which enforces the False Claims Act, and DOJ’s Civil Rights Division — which enforces civil rights laws....
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Category: Affirmative Action and Diversity

CWC’s Guide To Understanding the False Claims Act and E.O. 14173

The Center for Workplace Compliance, our affiliated nonprofit membership association, has prepared a resource — CWC’s Guide To Understanding the False Claims Act and E.O. 14173 — to help CWC members comply with Executive Order 14173 and avoid liability under the FCA. E.O. 14173 instructs federal agencies to combat illegal private-sector diversity, equity, and inclusion activities. The FCA requires federal...
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Category: Affirmative Action and Diversity

DOL Blocked From Requiring Contractors And Grantees To Certify Compliance With E.O. 14173

A federal district court has issued a preliminary injunction preventing the Labor Department from requiring recipients of federal contracts and grants to certify that they do not have illegal diversity, equity, and inclusion programs. The order does not affect contracts and grants with agencies other than DOL. The ruling came April 14 in Chicago Women in Trades [CWIT] v. Trump....
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Category: Affirmative Action and Diversity

Federal Judge Temporarily Stops DOL From Enforcing Part of Executive Orders’ Anti-DEI Provisions

A federal judge on March 27 temporarily stopped the U.S. Labor Department from implementing parts of President Trump’s executive orders relating to diversity, equity, and inclusion. The temporary restraining order from the U.S. District Court for the Northern District of Illinois concerns: the certification provision in E.O. 14173, which requires grant recipients to certify that they do not operate any...
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Category: Affirmative Action and Diversity

CWC’s Guide for “Winding Down” Executive Order 11246 Compliance Requirements

The Center for Workplace Compliance, our affiliated nonprofit membership association, has issued a guide to help federal contractors wind down the affirmative action programs they implemented to comply with the now-rescinded Executive Order 11246. The guide follows a March 24 announcement from OFCCP Director Catherine Eschbach that OFCCP will use all enforcement options to ensure that federal contractors have wound...
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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

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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