Summary At a Glance Federal contractors and subcontractors (contractors) face changes to their affirmative action requirements following three Final Rules issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) on August 21, 2026. The rules address Section 503 of the Rehabilitation Act (Section 503), the Vietnam Era Veterans’ Readjustment Assistance […]
Summary At a Glance The U.S. Department of Labor’s Veterans’ Employment and Training (VETS) filing system will open on August 1, 2026 for submission of 2026 VETS-4212 reports. While August 1st is the start of the “official filing cycle,” employers are advised to wait until Monday, August 3, 2026 before filing to ensure the system […]
Summary At a Glance As background, Executive Order 14398 (Addressing DEI Discrimination by Federal Contractors) directed federal agencies to include new contract language addressing certain diversity, equity, and inclusion (DEI) activities in federal contracts and contract-like instruments. FAR clause 52.222-90 implements those requirements by requiring covered contractors to agree that they will not engage in […]
Summary At a Glance The Equal Employment Opportunity Commission (EEOC) has rescinded its 1979 Guidelines on Affirmative Action Appropriate Under Title VII and removed 29 CFR Part 1608. The guidelines described circumstances in which employers could voluntarily consider race, sex, or national origin when addressing workforce imbalances or barriers to equal employment opportunity. They also […]
Summary At a Glance From Enforcement Priorities to Regulatory Action The EEOC’s National Enforcement Plan establishes the agency’s enforcement priorities for fiscal years 2025 through 2029. Several pending initiatives in the agency’s regulatory agenda reflect the same direction, providing employers with additional insight into how the EEOC may revise its existing rules and guidance. The […]
Summary At a Glance As previously reported, the Equal Employment Opportunity Commission (EEOC) has taken formal steps toward eliminating the EEO-1 reporting requirement, along with the EEO-2, EEO-3, EEO-4, EEO-5, EEO-6 reports and reporting requirement Under Title VII, the ADA, GINA, and the PWFA. The agency has also proposed eliminating certain recordkeeping requirements that exist […]
Summary At a Glance The U.S. Equal Employment Opportunity Commission (EEOC) has identified 10 pending regulatory initiatives in its agenda. This post focuses on three that raise questions for employers about ongoing demographic data collection and recordkeeping. These initiatives reflect the broader enforcement direction signaled by the U.S. Department of Justice’s recent opinion addressing disparate-impact […]
Summary At a Glance What Happened? On June 9, 2026, the U.S. Department of Justice’s Office of Legal Counsel (OLC) issued an opinion concluding that the Equal Employment Opportunity Commission’s (EEOC’s) long-standing disparate-impact guidance under Title VII is unconstitutional as currently interpreted. The opinion reflects a significant shift in the federal executive branch’s approach to […]
Summary at a Glance On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted to the Office of Information and Regulatory Affairs (OIRA) a proposed rule titled Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA. The content of this proposed rule will not be made public […]
Beginning April 24, 2026, Federal contractors and subcontractors should expect new contract requirements prohibiting “DEI discrimination.” The Federal Acquisition Regulatory Council has taken its next step directed by Executive Order (EO) 14398 by issuing a memo announcing FAR Clause 52.222.90 and establishing a timeline for adding it to contracts. FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors is intended to prevent […]
