Insight

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”).

Matthew F. Wagner

Written by Matthew F. Wagner

Published: June 18, 2026

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23 announcement (the “Announcement”) does not clarify what practices or activities constitute inappropriate DEI programs. Rather, the Announcement functions to remove the 2022 Report as a citable resource that litigants and federal agencies can rely upon in support of sex- and race-based considerations.

Background: the 2022 report

On January 31, 2022, the Justice Department issued a report of its review of substantial evidence – including research studies and evidence given at Congressional hearings – that demonstrated pervasive discriminatory barriers that “impede the full and fair participation of businesses owned by women and people of color in government contracting.” Of special significance to federal contractors, the 2022 Report found that a “substantial body of statistical evidence … [demonstrated] significant disparities in the amount of public contracting dollars going to businesses owned by women or people of color as compared to their availability for such contracts.” The 2022 Report (which is available here) found that the evidence supported the “compelling interest in the continued use of federal programs that contain remedial measures to eliminate discriminatory barriers to contracting opportunities for businesses owned by women and people of color.”

The April 23, 2025 Announcement

Effective as of April 23, 2025, the Justice Department has rescinded the 2022 Report. According to the Announcement, which was issued on April 10 but not published until April 23, 2025, the 2022 Report “is no longer considered an accurate reflection of the current laws, executive orders, and federal court jurisprudence concerning the constitutionality of using race or sex in federal government programs.” The Announcement also states that the rescission is consistent with Executive Order 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), which directed the immediate termination of unlawful “DEI” programs throughout the federal government, including in contracts with the federal government and contracts supported by federal grants.

The Announcement does not make any changes to existing federal law or regulations. However, the effect of the Announcement is to eliminate the 2022 Report as evidence that courts and governmental agencies can rely on to support eliminating discriminatory barriers in federal contracting.

Hahn Loeser will continue to monitor this issue closely and provide updates as they become known.

Trending Articles

What AI Visibility Means for Lawyers


by Bryan Driscoll and Josh Rupall

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Get an Eviction Off Your Record


by Bryan Driscoll

Whether an eviction can be removed, sealed or corrected depends on your state, your case and where the record appears.

A printed eviction notice attached to a decorative metal security gate, representing housing instabi

Inside the 2027 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

A closer look at the research process, methodology and key statistics behind the 2027 editions.

3D map cutouts of Chile, Colombia, and Puerto Rico

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Google Is Losing Major Antitrust Cases. Is This the End of Big Tech’s Winning Streak?


by Justin Smulison

Legal experts say the remedies and appeals, not the liability findings, will determine if Google's losses reshape the tech industry.

Google Antitrust Losses: What They Mean for Big Tech

What Is a Hostile Work Environment?


by Bryan Driscoll

Not every difficult job is a hostile work environment in the eyes of the law. Here's how to tell the difference and what to do next.

Blurred image of a distressed employee in an office, surrounded by motion-blurred coworkers, conveyi

How to Start a Nonprofit: A Step-by-Step Guide


by Bryan Driscoll

Everything you need to know about turning your mission into a registered nonprofit, from your first board meeting to 501(c)(3) approval.

Three white blocks spelling "NPO" on a yellow background.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

Can You Sue Someone for Emotional Distress?


by Bryan Driscoll

Emotional distress can sometimes support a lawsuit, but whether you have a valid claim depends on the facts, the law and your ability to prove real harm.

Abstract black-and-white face with multiple screaming mouths, representing emotional distress, anxie

GEO for Law Firms: What It Is and How to Optimize for AI Search


by Bryan Driscoll and Everett Sizemore

A seven-step audit for law firms that covers the terms, the pages, the outside profiles and what you can actually measure.

Hands typing on a laptop with glowing GEO and AI search graphics
Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers