Consistent with the Trump Administration’s longstanding stance on “gender ideology,” several recent legal developments have curtailed or sought to limit LGBTQ rights. Collectively, these actions reflect a broader trend of renewed efforts to limit LGBTQ protections at the federal and state levels. Despite these efforts, sexual orientation and gender identity remain protected characteristics under federal and many state and local antidiscrimination laws.… Continue Reading
New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors
On March 26, 2026, President Trump signed Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of executive actions targeting DEI practices in the federal contracting space. This latest Executive Order requires federal contractors and subcontractors to affirmatively agree to not participate in “racially discriminatory” activities or risk legal and financial consequences.… Continue Reading
Federal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries
Recent remarks from Trump Administration senior officials signal an expanding federal focus on diversity, equity, and inclusion (DEI) initiatives—particularly where they intersect with corporate hiring, promotion, and compensation decisions.
DOJ Elevates DEI-Related FCA Investigations to “Expedited Priority Treatment”
At the February 19, 2026 annual qui tam conference hosted by the Federal Bar Association, a Department of Justice (DOJ) official emphasized that investigations into DEI-related employment practices are “receiving expedited priority treatment.”… Continue Reading
DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty
Two cases involving challenges to the Trump Administration’s Executive Orders on Diversity, Equity, and Inclusion (DEI) are making waves in the federal appellate courts—each raising fundamental questions about the scope and legality of the Administration’s policy direction.
Fourth Circuit: Lifted Injunction
On February 6, 2026, the Fourth Circuit Court of Appeals reversed a district court injunction that had blocked enforcement of President Trump’s Executive Orders targeting DEI in federal funding.… Continue Reading
DOL Sets New Minimum Wage Rates for Certain Federal Contracts
On February 6, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Notice announcing new minimum wage rates for workers performing work on or in connection with federal contracts covered by the 2014 Obama-era Executive Order 13658, which established a minimum wage for federal contractors and subcontractors. Effective May 11, 2026, the minimum wage for certain federal contracts will be $13.65 per hour for regular employees and $9.55 per hour for tipped employees.… Continue Reading
ICE in the Workplace: 2026 Update
Recent news about U.S. Immigration and Customs Enforcement (ICE) in several parts of the United States, including major events in Minneapolis, have encouraged U.S. businesses and organizations to review their compliance and enforcement protocols. Attorneys in Ballard Spahr’s Immigration, Labor and Employment, and White Collar Defense and Investigation Groups have published guidance throughout the year regarding compliance.… Continue Reading
IRS Releases FAQs Addressing the New Deduction for Qualified Overtime Compensation
On January 23, 2026, the Department of Treasury and the Internal Revenue Service (IRS) issued Fact Sheet 2026-01, providing answers to frequently asked questions (FAQs) about the new “Deduction for Qualified Overtime Compensation” created by the One Big Beautiful Bill Act (the OBBBA).
The OBBBA created the Deduction for Qualified Overtime Compensation to allow individuals to claim a federal income tax deduction for certain qualified overtime compensation for the 2025 to 2028 tax years.… Continue Reading
New Year, New Selection Criteria for H-1B Cap Lottery: DHS Finalizes Rule Prioritizing Higher-Paid Workers
The Department of Homeland Security (DHS) has finalized the rule overhauling the H‑1B cap selection process, replacing the longstanding random lottery with a wage-based, weighted selection system. The final rule makes no changes to the regulatory text from the Notice of Proposed Rulemaking (NPRM) in September 2025. The rule is scheduled to take effect February 27, 2026, positioning it to govern the upcoming H-1B cap lottery in March 2026.… Continue Reading
Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading
H-1B and H-4 Visa Appointment Disruptions
U.S. employers and employees with nonimmigrant visa status should be aware of significant disruptions in the scheduling of H-1B and H-4 visa interviews at U.S. embassies and consulates around the world, with the potential for broader disruptions. Many interviews scheduled on or after December 15, 2025, are being unilaterally rescheduled to several months later—some as late as June 2026—to allow for implementation of new Department of State security procedures, which require U.S.… Continue Reading