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Understanding the Changes to Federal Agency Enforcement of Disparate Impact Enforcement


Available On Demand

Member Registration - FREE
Non-Member Registration - Only $75!
Become a member and get unlimited access for $299

The landscape of workplace compliance has shifted again. With the signing of Executive Order 14173: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” a sweeping rollback of DEI mandates and disparate-impact enforcement is underway. This new federal directive marks a return to strict merit-based frameworks, casting aside long-standing policies that guided recruitment, training, and compliance across federal agencies, contractors, and recipients of federal funds. Public sector HR professionals will want to take note on these changes as DOJ and EEOC could influence how civil rights laws are interpreted or enforced via regulatory guidance, litigation standards, or court decisions inspired by this policy. 

What does this actually mean for HR strategy, legal risk, and workplace culture?

Turn to SHRM for a discussion on this new EO and practical deep-dive where we’ll help you:

  • Decode the Executive Order and what it legally nullifies—from DEI training mandates to agency guidance
  • Understand the end of disparate-impact liability and the implications for hiring, promotion, and disciplinary practices
  • Get ahead of compliance risks—whether you’re navigating federal audits, managing government contracts, or overhauling internal policies
  • Explore the constitutional backdrop of this shift, including the non-delegation and major questions doctrines shaping this new era of employment law
  • Learn how to lead culture with clarity in a moment of uncertainty—without violating new mandates or alienating your workforce

Who Should Attend?

  • Chief Human Resources Officers
  • DEI Leaders
  • Federal Contractors
  • Public Sector HR Executives
  • Employment Counsel & Risk Officers

This isn’t just a policy update—it’s a strategic fork in the road. Start charting out how to adapt today to shape your workplace tomorrow.

Reserve your spot now. This essential workshop will equip you with the insights, tools, and frameworks to stay compliant, manage change, and uphold workplace fairness amid historic regulatory shifts. As the late Justice Scalia expressed, the enforcement of disparate-impact provisions may compel race-conscious decisions by employers, potentially conflicting with the constitutional mandate for equal protection under the law.

Meet the Presenters

  • Guest headshot
    Alexander Alonso, Ph.D.

    Alexander Alonso, Ph.D., SHRM-SCP, is SHRM’s Chief Data and Analytics Officer, leading the organization’s research, insights, and innovation functions. His total portfolio includes more than $60 million across new revenue streams based upon practical thought leadership designed to make better workplaces for a more inclusive world. Alonso was recognized as an inaugural member of the Blue-Ribbon Commission on Racial Equity in the Workplace, a coalition designed to foster equitable and inclusive cultures. His research has been featured in numerous outlets including USA Today, NBC News, BBC, CNN, and more. He has served as a member of several speakers bureaus with more than 400 speaking engagements over the last decade.

  • Guest headshot
    David Cohen

    David Cohen is the Founder and President of DCI Consulting. He provides consulting services to employers and management law firms on a wide range of human resource risk management strategies, particularly in the areas of EEO/affirmative action program development, systemic compensation statistical analyses, comprehensive human resources self-audits, and employee selection and test validation. In addition, Cohen is the co-founder of The Institute for Workplace Equality, a national nonprofit employer association that trains and educates federal contractors in understanding and complying with their affirmative action and equal employment obligations. Recognized as a national EEO and affirmative action compliance expert, Cohen speaks frequently before corporate leaders from Fortune 500 companies, and at regional and national ILG conferences and OFCCP events. In 2006, he co-authored a book entitled “Understanding Statistics: A Guide for I/O Psychologists and Human Resource Professionals,” which was published by Wadsworth. He is an adjunct faculty member at the University of Maryland Baltimore County at Shady Grove.

  • Guest headshot
    David Fortney

    David Fortney is a Co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including legal compliance with equal employment opportunity requirements and advice and strategies on legally compliant inclusion and compensation policies and practices; wage and hour matters; federal contractor’s non-discrimination and certification obligations; collective bargaining; and, workplace health and safety. He brings experience from the private and public sectors in advising clients on these issues, and Mr. Fortney frequently represents clients before federal agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business. He also is recognized in The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney has received an AV rating (the highest level) by Martindale-Hubbell. Before co-founding the firm, Fortney previously served as the chief and deputy legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation’s workplaces and managing an agency with 800 attorneys and support staff. He advised the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues. Fortney’s expertise and experience has been requested in testimony before the U.S. Congress, and state legislative committees and before the Equal Employment Opportunity Commission and the National Academy of Sciences. Fortney works closely in support of the employer training and outreach efforts by The Institute for Workplace Equality and the American Employment Law Council. He also moderates the DC Insider – Employer Update™ podcast, is a co-editor of the Federal Employment Law Insider monthly newsletter, and frequently presents at the leading bar association and professional meetings. He also has media experience, including appearances on CNN, CBS and Fox News.

Webinar Sponsor
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This webinar is sponsored by Paycom.

SHRM Recertification Provider

SHRM certification has approved this webinar for 1 PDC toward SHRM-CP or SHRM-SCP recertification. A program code will be provided at the end of the webinar.

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