Labor & Employment

Stark cloudy weather over empty exterior view of the US Capitol

On August 21, 2026, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a final rule in the Federal Register that eliminates the requirement for federal contractors to invite applicants and employees to self-identify as individuals with disabilities, retires the related Form CC-305, and rescinds the 7 percent disability utilization goal and its associated data collection and analysis requirements. Why? OFCCP says the old self-identification framework conflicts with the Americans with Disabilities Act (ADA).

The new rule takes effect September 21, 2026. Additionally, an amendment removing 41 CFR Part 60-30 (the former Executive Order 11246 administrative-proceeding regulations, now folded directly into the Section 503 regulations) takes effect 120 days after publication.

wooden judge gavel poised above matching sound block with a blurred american flag background, conveying solemn authority and justice

Government contractors, if they have not seen it already, are likely to begin seeing FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, in solicitations, contracts, and subcontract flowdowns.

Close-up of a neatly organized stack of insurance documents with a magnifying glass on top, showcasing professionalism and attention to detail in a modern office setting.

On March 26, 2026, the White House issued an Executive Order (2026 DEI Executive Order) imposing new obligations on federal contractors to provide evidence of the elimination of racially discriminatory Diversity, Equity, and Inclusion (DEI) activities.

Blurred image of business people walking in modern office with sunlight.

On May 19, 2025, the Department of Justice (“DOJ”) announced its Civil Rights Fraud Initiative (the “CRFI”). As discussed in our post related to that announcement, the CRFI mobilizes federal, state, and local law enforcement to investigate whether recipients of federal funds have DEI programs that violate federal civil rights laws. Multiple federal and state agencies are reportedly conducting investigations into DEI programs within corporations and institutions of higher education.

Recently, my colleague Tracey O’Brien and I examined the implications of the federal government’s intention to shut down the Office of Federal Contract Compliance Programs (OFCCP). OFCCP has already proposed to prohibit data collection by federal contractors of disability status from employees and applicants. In a Notice of Proposed Renewal of Information Collections released by…

The Trump administration’s push to downsize the federal workforce has entered a new phase, marked by rounds of layoffs, the deferred-resignation plan, and other voluntary departure programs. As the federal government shutdown enters its second week, the administration has escalated its response by threatening sweeping program cuts and workforce reductions.

As the administration continues its…

In a recent legal update, Husch Blackwell explores new guidance from the Department of Justice on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972—will be interpreted to apply to recipients of federal funding, in conjunction with Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). While the guidance lacks the force of law, it captures the administration’s enforcement posture on what it considers to constitute “illegal DEI.”

Whitehouse_LINKEDIN LINK & IMAGE 1200x627-100

The U.S. Court of Appeals for the Fourth Circuit has temporarily stayed a nationwide injunction, allowing the federal government to enforce provisions of Executive Orders 14173 and 14151, which restrict certain DEI activities, while the appeal proceeds. Businesses with federal contracts or grants should review their DEI policies to ensure compliance with federal anti-discrimination laws…

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court held that college and university race-conscious admission decisions at Harvard University and the University of North Carolina violate the Equal Protection Clause of the 14…