outsolve insights

1. No one knows when the Federal Acquisition Counsel will publish the coming two new certifications it is planning to require federal government contractors to make when submitting federal contract bids. Pending litigation in one court is momentarily delaying their implementation, as noted below. 
2. Quick Background: These certification requirements sprang up in President Trump’s January 20, 2025, Executive Order 14151   (Ending Radical and Wasteful Government DEI Programs and Preferencing) and January 21, 2025, Executive Order 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity). See my March 24, 2025, Previous blog HERE describing the two pre-contract certifications and their status at that time. 
   
   That blog reported a major Trump (interim) injunction a potentially quizzical 3-Judge panel of the Fourth Circuit Court of Appeals (Richmond) issued in his favor. The injunction greenlighted President Trump’s use of the two certifications pending a later full review of the competing claims of the parties on the merits. Significantly, however, the three Judges found, in support of their interim Order, that the President’s legal arguments enjoyed a high likelihood to prevail on the merits upon the later full review of the case. And, of course, it would be these same three Judges who would make that final decision on the merits. 
   
   So, things were looking up for the President to require federal contractors to certify that they had no unlawfully discriminatory policies or practices when they bid federal contracts.   
3. Since then, however, Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois also weighed in on the certifications, among other things, in an unrelated lawsuit the Chicago Women in Trades (CWIT) brought to stop both of President Trump’s above-referenced Executive Orders. 

On March 27, 2025, Judge Kennelly issued a Temporary Restraining Order prohibiting USDOL from enforcing certain provisions of both Executive Orders 14151 and 14173, including the two federal contract bid certifications. The case is Chicago Women in Trades (CWIT) v. Trump, et al No. 1:2025-cv-02005 (N.D. Ill. 2025). 

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees. 

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

In April 2025, a new Executive Order directed federal agencies to deprioritize enforcement actions based on disparate impact liability. This shift may reduce cases or pressure from the EEOC, but it doesn’t eliminate the legal or reputational risks your organization could face when policies result in unequal outcomes. 

One of your top priorities as an HR professional is maintaining compliance with various state and federal regulations. A key compliance regulation effecting all employers is making sure that any employee hired onto your payroll is legally eligible to work in the United States. This is where Form I-9, the employment eligibility verification form, comes into play.  

Imagine an ICE agent walks into your workplace and hands you a Notice of Inspection (NOI) for a Form I-9 audit. What do you do? 

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

Setting salaries can feel like a guessing game. If you pay employees too little, they leave for better offers. If you pay too much, you strain your budget and create pay compression. That’s where compensation benchmarking comes in.