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Wednesday, February 18, 2026

Video: What Do Federal DEI Crackdowns Mean for Employers? - Employment Law This Week - Epstein Becker Green - Law Firm

This week, we examine the coordinated efforts by the Equal Employment Opportunity Commission (EEOC), Federal Trade Commission (FTC), and U.S. Department of Justice (DOJ) to target diversity, equity, and inclusion (DEI) initiatives. The efforts raise critical implications for private employers' compliance strategies.

Federal Agencies Target Workplace DEI

Federal agencies are intensifying their scrutiny of workplace DEI initiatives, creating new and complex challenges for employers.

Key Takeaways for Employers:

  • EEOC Investigations: The agency is using subpoena power to investigate large companies, alleging that certain DEI practices may amount to systemic race discrimination against white employees.
  • FTC Involvement: The FTC is expanding its oversight into employment, issuing warning letters to law firms about their hiring practices and signaling broader scrutiny.
  • Novel DOJ Liability: The DOJ is applying a new False Claims Act theory, framing some DEI practices by federal contractors as potential fraud against the government.

Epstein Becker Green attorneys Susan Gross Sholinsky and Daniella Lee detail these developments in this episode of Employment Law This Week. Gain the practical guidance needed to assess risk, review external communications, and remain compliant in this evolving landscape.

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