Affirmative Action

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UPDATE: US DOL Order Directing Departments to Cease Enforcement of Affirmative Action Requirements of EO 11246

Following President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment Opportunity) as the Secretary said the DOL “no longer … Continue Reading

Trump DEI Order: How Could the Administration’s Plans to Target Private Sector Impact Employers? (US)

In just his first days in office, President Donald Trump has signaled that his Administration’s efforts to curb Diversity, Equity, and Inclusion (DEI) practices will start with the federal government but may soon have sweeping impacts on the private sector. This post details President Trump’s Executive Order that directs the U.S. Department of Justice, and … Continue Reading

WEBINAR – February 5 – Employers, Buckle Up: Addressing the Trump Administration’s Recent Actions on DEI and Immigration

📅February 5, 2025, 12 – 1 p.m. ET Join us for a timely webinar where we will highlight some of the key issues employers are facing in light of the recent executive orders signed by President Trump. The orders impacting employers include an order ending certain federal contractor affirmative action requirements and terminating federal DEI … Continue Reading

President Trump Eliminates Affirmative Action and Anti-Discrimination Requirements on Federal Contractors (US)

Among the barrage of executive orders signed by President Trump upon assuming office was an order revoking a longstanding Executive Order that placed affirmative action requirements on federal government contractors. On January 21, 2025, President Trump signed an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoking Executive Order 11246 based on the … Continue Reading

Federal Contractors: Register and Certify Your Affirmative Action Programs by June 30, 2022 (US)

The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31.… Continue Reading

US Federal Labor Viewpoints – Week of November 8, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 8, 2021. *** In this issue, we cover: U.S. Economy Update Federal Vaccine Mandate Legal Challenges Update Other General COVID-19 Updates U.S. Agencies Promote Workers’ Rights Proposal … Continue Reading

OFCCP Exempts New Federal Contracts Entered Into to Provide COVID-19 Relief From Certain Equal Employment Opportunity Requirements (US)

On March 17, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a temporary, three-month exemption from certain equal employment opportunity requirements for new supply and services and construction contracts “entered into specifically to provide Coronavirus relief.”  In the National Interest Exemption Memorandum (NIE Memorandum), the OFCCP provided modified equal … Continue Reading

U.S. District Court Decision Upholds “Race-Conscious” College Admissions Policy at Harvard University, Affirming Affirmative Action Plan (US)

On October 1, 2019, a U.S. District Court Judge for the District of Massachusetts ruled in favor of Harvard University in a closely watched case examining whether the college’s admissions process, which takes candidates’ race and economic circumstances into account, results in race-based animus against Asian-Americans. The suit, filed by an anti-affirmative action advocacy group, … Continue Reading

Ready Or Not, Here They Come … the U.S. Department of Labor Provides Notice of Future Audits (US)

On February 1, 2018, the United States Department of Labor (“DOL”), Office of Federal Contract Compliance Programs (“OFCCP”) issued 1,000 Corporate Scheduling Announcement Letters (“CSAL”) to US federal contractor employers, indicating that the letter recipients have been selected for audit of their compliance with federal Affirmative Action regulations.  CSAL recipients were selected through the Federal … Continue Reading
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