Labor & Employment

On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law. Continue Reading DOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement

One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive orders (EOs) overhauling how the federal government views programs seeking to advance DEI priorities.Continue Reading Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI) programs do not violate applicable federal anti-discrimination law and prohibited the termination of the plaintiff’s Women in Apprenticeship and Nontraditional Occupations (WANTO) grant on the basis that it was “equity-related.”Continue Reading District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  We wrote about the district court’s injunction here and here.Continue Reading Fourth Circuit Terminates Maryland District Court’s DEI Injunction

Following U.S. General Services Administration’s (GSA) lead, which we wrote about here, on March 4, the Department of Defense (DoD) issued a Class Deviation—Restoring Merit-Based Opportunity in Federal Contracts—directing DoD Contracting Officers (COs) to “remove, replace, and not enforce Federal Acquisition Regulation (FAR) solicitation provisions and contract clauses associated with Executive Order (EO) 11246, Equal Employment Opportunity.”Continue Reading Department of Defense Issues Affirmative Action Class Deviation

On February 21, the Maryland District Court issued an injunction prohibiting the administration from implementing requirements in Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, and EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.Continue Reading DEI Executive Orders Enjoined by Maryland District Court

On February 15, the U.S. General Services Administration (GSA) announced two new “class deviations” (CDs) making a number of changes to the procurement rules applicable to GSA solicitations and contracts, including leases of real property. Continue Reading GSA Issues FAR Class Deviations Implementing DEI Requirements

As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to government contracts and federally-funded construction contracts.  The EO also mandates that new provisions be included in all government contracts and all grants, certifying that counterparties do not have diversity, equity and inclusion (DEI) policies that violate federal anti-discrimination law. We noted that, in absence of additional government guidance, there was some challenge in identifying what DEI programs may be permissible going forward.Continue Reading DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”

UPDATE (January 29, 2026): On January 28, Law360 reported that the D.C. District Court issued a temporary restraining order enjoining OMB’s directive to freeze federal financial assistance.  We will closely monitor and report on further developments. 

The first seven days of the Trump administration have brought new meaning to the saying that the only constant in government contracting is change. Multiple executive actions promise to be just the start of what is expected to be a period of significant change to the rules governing federal contracts and grants. This summary provides government contractors, grant recipients, and compliance professionals with an overview of significant changes to federal contract and grant rules, with more to come over the coming weeks. Continue Reading Key Changes to Federal Contract and Grant Rules: What Government Contractors and Grant Recipients Need to Know About Trump’s First Week

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders aimed at promoting diversity, equity and inclusion (DEI) in the workplace. EO11246 has been in…

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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