In the News: Cara Crotty Publishes Article with Corporate Compliance Insights

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Corporate Compliance Insights

Constangy partner Cara Crotty authored an article for Corporate Compliance Insights breaking down the latest developments in DOJ guidance about “illegal DEI” and how government contractors must prepare themselves in order to comply. 

In January, President Donald Trump signed Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which rescinded the Lyndon Johnson-era Executive Order 11246 that provided equal opportunity for women and minorities in hiring by government contractors.

The Trump administration Executive Order does not explicitly outline what constitutes “illegal DEI,” but requires the removal of DEI mandates and references from federal regulations, an immediate end to affirmative action enforcement, and enforces two new contract statements designating that the company does not maintain an unlawful DEI program and that compliance is determinant to the government’s payment decisions. 

Cara provided a series of practical steps for government contractors to remain in compliance, including conducting a DEI audit, updating compliance language, reevaluating use of the term “DEI,” continuing lawful analyses, and tracking state and local laws. 

“Contractors must now move beyond compliance checklists and toward a strategic, principled and legally sound approach to workforce management,” recommended Cara. “In this time of shifting ideologies and enforcement, employers who stay informed, adapt quickly, and make principled decisions will be best positioned to thrive, despite this uncertain environment.” 

To view the full article, you may click here. 

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