About the Course
Introduction
This CLE webinar will examine recently issued Executive Order 14398, "Addressing DEI Discrimination by Federal Contractors," targeting DEI initiatives by federal contractors, imposing additional obligations on covered entities, and potentially expanding the scope of enforcement action. The panel will discuss the new definition of actions constituting "racially discriminatory DEI activities," address what employer activities may be considered high risk, and offer best practices for compliance.
Description
The Trump administration recently issued a second executive order (EO 14398 or the EO) targeting DEI initiatives by federal contractors, imposing additional obligations on covered entities, and potentially expanding the scope of enforcement action. EO 14398 newly defines "racially discriminatory DEI activities" (RD DEI), requires a mandatory clause in government contracts that bans the newly defined RD DEI by contractors and subcontractors, and makes compliance subject to False Claims Act (FCA) liability in addition to that which may be incurred under antidiscrimination laws.
EO 14398's definition of RD DEI includes actions in the employment context, particularly "disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity’s resources." The EO defines "program participation" as "membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor."
Given the broad scope of defined activities, covered employers and their counsel must understand the EO's requirements, how the EO expands on earlier EOs and guidance, and what they must do to minimize risk of enforcement action. Additionally, employment counsel should consider what these requirements may eventually mean for employers in the private sector as government agencies continue to heighten their scrutiny of DEI programs.
Listen as our authoritative panel examines EO 14398 and the resulting obligations on covered entities. The panel will discuss how the EO fits into the Trump administration's overall anti-DEI initiatives, address the impact on covered employers, and offer best practices for compliance.
Presented By
Mr. Brenner advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits. He also represents employers in all aspects of employment and labor litigation and counseling, including in both single-plaintiff and class action matters, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. Mr. Brenner assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.
Ms. Nash serves as Chair of the firm’s Labor & Employment Group, one of the few legal practices in the U.S. with a multi-jurisdictional labor and employment practice dedicated to advising government contractors on their compliance obligations. She is also a member of the firm’s Construction Industry Team, where she focuses on matters arising under the Davis-Bacon Act and prevailing wage requirements. Ms. Nash advises government contractors and commercial businesses on a wide variety of labor and employment issues, including the Fair Labor Standards Act, the National Labor Relations Act, Office of Federal Contract Compliance Programs regulations, and anti-discrimination law. Her practice also includes counseling employers on terminations, labor relations matters, employment agreements, wage and hour issues, and employment practices and policies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, August 5, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: EO 14398 background
A. Trump administration anti-DEI initiatives
B. EO 14173 (Jan. 21, 2025) and other guidance to date
II. EO 14398
A. Defining racially discriminatory DEI activities
B. Mandatory contractual clause
C. Enforcement and penalties
III. Employer impact
A. Potentially risky behavior and heightened scrutiny
B. What this may eventually mean for private employers
IV. Best practices for compliance
A. Contracts
B. Employment processes and procedures
V. Key takeaways
The panel will review these and other important issues:
- How does EO 14398 broadly define racially discriminatory DEI activities?
- What employer practices could be considered high risk under the new definition?
- How does the new definition potentially expand the risk of enforcement action? What are best practices for mitigating such risk?
- What new obligations does the EO impose on covered entities?
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