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Category: Agency Enforcement

Transportation Department Will Enforce English Language Standards for Commercial Truck Drivers

The Trump Administration has announced that it will resume enforcing English language proficiency rules for commercial truckers. Executive Order 14286, issued April 28, gave the Transportation Department’s Federal Motor Carrier Safety Administration 60 days to issue new guidance. The new guidance, announced May 20, calls for commercial motor vehicle drivers who fail to meet FMCSA’s longstanding English-language proficiency requirements to be...
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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: DOL

Trump Orders Overhaul of Worker Training To Emphasize Registered Apprenticeships

President Trump’s vision for overhauling federal workforce training programs includes greater use of apprenticeships to fill the jobs that he expects to materialize as companies reshore their manufacturing operations. The President unveiled his ideas April 23 in Executive Order 14278 — “Preparing Americans for High-Paying Skilled Trade Jobs of the Future.” The order gives the Secretaries of Labor, Education, and Commerce...
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter To Reflect Rescission of Executive Order 11246

The Center for Workplace Compliance, our affiliated nonprofit membership association, has issued an updated template for good faith outreach letters. CWC members can use this template when drafting good faith outreach letters to organizations that can help identify qualified veterans and persons with disabilities for their open job positions. President Trump's Executive Order 14173 rescinded the authority for developing AAPs...
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Category: Agency Enforcement

Trump Administration’s New Position on Disparate Impact Liability Doesn’t Impact Private Litigation

On April 23, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy, which seeks to eliminate the use of disparate-impact liability under civil rights laws. Disparate impact is a theory under many civil rights laws that can lead to liability when a neutral policy or practice adversely affects members of a protected class. The E.O. directs the Equal Employment...
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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: Compliance Tools

CWC’s Updated EEO/AA Union Notification Template

The Center for Workplace Compliance, our affiliated nonprofit membership association, has updated its union notification template to reflect the rescission of E.O. 11246. CWC members that are federal contractors can use this template to notify covered union officials or employee representatives of the employer’s equal opportunity and affirmative action policies and to request their cooperation. OFCCP regulations implementing Section 503...
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Category: Agency Enforcement

Fourth Circuit Permits Trump Administration To Resume Enforcing E.O. 14173

The Trump Administration can require contractors and grant recipients to certify that they do not operate any illegal diversity, equity, and inclusion programs, a federal appeals court ruled March 14. The order from the U.S. Court of Appeals for the Fourth Circuit effectively reverses a preliminary injunction that the U.S. District Court for the District of Maryland issued February 21....

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