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Attention Security Managers and FSOs

Client Alert | 1 min read | 07.05.17

The Office of the Director of National Intelligence has issued Security Executive Agency Directive 3, and increased reporting requirements for executive branch employees and contractors with access to classified information or who hold sensitive positions. Among other things, covered individuals must report non-work related foreign travel to their local security office for advance approval and security briefing, and any unplanned day trips into Mexico or Canada must be reported within five days of returning to the U.S. Additionally, the directive requires that all individuals with access to classified information report any continuing association with foreign nationals with whom they share “affection, personal obligation or intimate contact,” as well as any contact with foreign nationals that results in the sharing of personal information.

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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].”...

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