Department of Labor Institutes New Pilot Program to Expedite Processing of Discretionary Suspensions and Debarments
Client Alert | 1 min read | 04.04.19
On April 2, the Department of Labor (DOL) announced a new pilot program for discretionary suspensions and debarments in an effort to decrease DOL’s processing time of these actions “from months to days.” As part of the program, DOL’s Office of Inspector General (OIG) will include in its referrals to the Office of the Assistant Secretary for Administration and Management (OASAM) information based on indictments or convictions, with the hope that such information will allow OASAM to process these actions more quickly. Because of the unique nature of DOL debarments – which are largely imposed as a collateral consequence of labor violations – the pilot program increases risk to government contractors under scrutiny by DOL and its components/programs. This development emphasizes the importance of hiring counsel with capabilities to address the full spectrum of risks, including a proactive approach to suspension and debarment defense.
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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
