Administration To Begin E-Verify Enforcement On September 8, 2009
Client Alert | 1 min read | 07.15.09
The Obama administration has completed its evaluation of the E-Verify rule and will begin enforcing compliance with the rule on September 8, 2009; as a result, federal contractors and subcontractors will be required to use Homeland Security’s E-Verify system to verify the employment eligibility of all new hires in the U.S. and all employees working in the U.S. on federal contracts valued at $100,000 and subcontracts valued greater than $3,000. However, the future of E-Verify and the obligations of contractors remain uncertain for two reasons: (1) litigation challenging the E-Verify rule, which had been stayed pending the administration’s evaluation, will likely now move forward; and (2) the Senate has approved an amendment to the 2010 Homeland Security spending bill that would expand E-Verify to apply to all existing employees, and not just new hires or those employees working on federal contracts at the thresholds listed above.
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Client Alert | 3 min read | 06.12.26
DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
