Workforce Bulletin

It has long been the case that certain sales and service providers increase or decrease consumer prices based on perceived data. A luxury item purveyor or home improvement contractor, for example, may look at a potential customer’s overall appearance, personal items such as a watch or purse, or their address or profession, to determine a quoted price. This practice is not just improper and deceitful—it is exploitative, and these perceived datapoints may not reflect the consumers’ actual purchasing power. Yet this type of variable pricing wasn’t an issue typically associated with general retail, until artificial intelligence (AI) arrived.

On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing a new one-page technical assistance “Fact Sheet” regarding national origin discrimination. The EEOC also updated its national origin discrimination guidance page, which provides information about “what national origin discrimination can look like in the workplace” and how employees may obtain EEOC assistance if they feel they have been the victim of discrimination. The new guidance makes good on EEOC Chair Andrea Lucas’  February announcement vowing to protect American workers from “Anti-American bias.” As part of that announcement, Lucas asserted that “[m]any employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination.”

On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health care providers, and other entities that accept federal funds but allegedly violate federal civil rights laws.

The initiative will be led jointly by the DOJ Civil Division’s Fraud Section and the Civil Rights Division—with support from the Criminal Division, federal civil rights agencies, and state partners. 

The initiative implements President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (January 21, 2025), directing agencies to combat unlawful discrimination through the FCA, and complements Attorney General (AG) Bondi’s February 5 memorandum, “Ending Illegal DEI and DEIA Discrimination and Preferences.”

As featured in #WorkforceWednesday®: This week, we highlight new guidance from the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) on diversity, equity, and inclusion (DEI)-related discrimination.

We also examine the Acting EEOC Chair’s letters to 20 law firms regarding their DEI practices, as well as the Office of Federal Contract Compliance Programs (OFCCP) Director’s orders to retroactively investigate affirmative action plans.

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for people with disabilities (the “MDE Regulations”). Stressing that accessible MDE is essential for people with disabilities to have equal access to medical care and avoid poor health outcomes, the MDE Regulations, which were published by the Federal Register on August 9, 2024, amend Title II of the ADA (“Title II”) and apply to hospitals and health care clinics operated by state or local governments. The MDE Regulations create enforceable minimum standards for accessible design (as initially issued by the U.S. Access Board) covering MDE, including examination tables, weight scales, dental chairs, x-ray machines, mammography machines, and other radiological equipment commonly used for diagnostic purposes by health care professionals.

In full, the MDE Regulations and the accessibility standards they incorporate stand well in excess of 100 pages. To help our clients more readily understand what the MDE Regulations do and do not require, we are answering some of the most commonly asked questions here.