Tag: DOJ

States That Have Issued Workplace DEIA Guidance

On February 13, 2025, state attorneys general (AG) from 15 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are […]

Striking a Balance: Insights From EEOC, DOJ Guidance on DEI and Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of the Civil Rights Act of 1964. The guidance provides critical direction for employers seeking to implement inclusive workplace policies while ensuring compliance with […]

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DOJ Updates Its Corporate Compliance Programs Guidance

On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three primary areas of on-going interest for the DOJ: (1) how companies are identifying and mitigating emerging risks related to new technologies, including artificial […]

DOJ Announces New Program to Garner Employee Cooperation in Anti-Corruption Investigations

Over the past few months, we have discussed recent Foreign Corrupt Practices Act (FCPA) enforcement actions by the United States Department of Justice (DOJ), emphasizing lessons for employers in the current environment. The DOJ continues to signal increasingly aggressive enforcement, now through a whistleblower program that will complement last year’s focus on corporate voluntary disclosure […]

DOJ’s New Enforcement Team May Intensify Push to Recover Cyberattack Payments

The U.S. Department of Justice (DOJ) recently announced the launch of a National Cryptocurrency Enforcement Team (NCET) to (1) add structure to and coordinate the agency’s investigative capabilities concerning unlawful uses of cryptocurrency, (2) increase prosecutions, and (3) recover illicit proceeds. The last piece is especially striking because it may provide a positive incentive for […]

DOJ Won’t Defend the ACA Individual Mandate and Related Provisions

The Trump administration has decided not to defend the Affordable Care Act’s (ACA) individual mandate, or certain provisions it considers to be inseparable from the mandate, from an ongoing constitutional challenge. The U.S. Department of Justice (DOJ) has asked the court hearing the case to declare these provisions invalid as of January 1, 2019.

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New Mexico Onion Farm Pays Fines for Favoring Foreign Hires

Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm.

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Can Favoring Foreign Hires Result in Fines?

Earlier this year, the U.S. Department of Justice (DOJ) promised to crack down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. They recently made good on that promise in New Mexico.

Sessions memo changes DOJ position on transgender discrimination

by Tammy Binford U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies. In an October 4 memo to U.S. attorneys titled “Revised Treatment […]