Democrat Scott Colom Makes History in Mississippi Senate Victory

• How Scott Colom defied the odds to go from DA to Mississippi's Democratic U.S. senator

• Democrats rally around Colom’s historic Mississippi victory

On November 11, Democrat Scott Colom defeated incumbent Republican Senator Cindy Hyde-Smith in Mississippi's closely contested Senate race, becoming the first Black senator elected from the state since Reconstruction and the first Democrat to win a Mississippi Senate election since 1982.

Colom, a district attorney, will take a seat once held by Hiram Revels, who became the nation's first Black U.S. senator in 1870. Colom's victory comes 145 years after Mississippi's last Black senator, Blanche K. Bruce, left office in 1881.

Colom addressed supporters at Tougaloo College, a historically Black institution with deep ties to the civil rights movement, where leaders including Fannie Lou Hamer and Medgar Evers once spoke. Hyde-Smith conceded the race Wednesday evening.

The victory brings Democrats to 55 seats in the Senate, with the Alaska race still unresolved, following the party's gains in both chambers of Congress in the November 3 midterm elections.

WORKFORCE & EMPLOYMENT   

EEOC General Counsel Nominee Faces Senate Questions on Civil Rights Enforcement

• EEOC general counsel nominee dodges gender identity bias questions at hearing

On November 10, Catherine Eschbach, President Trump's nominee for General Counsel of the Equal Employment Opportunity Commission (EEOC), appeared before the Senate Health, Education, Labor and Pensions Committee for a confirmation hearing focused on the agency's enforcement priorities.

Eschbach, currently the EEOC's Principal Deputy General Counsel, identified DEI-related discrimination, national origin discrimination against American workers, protections for women and religious rights among the administration's enforcement priorities.

Senators questioned Eschbach about the agency's handling of sexual orientation and gender identity discrimination, disparate-impact claims, pregnancy protections and artificial intelligence in employment decisions. Eschbach acknowledged that the Supreme Court's Bostock decision applies to employment termination but declined to commit to pursuing specific categories of claims. She also confirmed that federal employment discrimination laws apply to employment decisions involving AI.

Questions about the EEOC's decision to stop pursuing disparate-impact claims and its position on abortion-related protections under the Pregnant Workers Fairness Act highlighted additional areas of disagreement over the agency's enforcement approach.

The Senate HELP Committee is scheduled to vote on Eschbach's nomination on November 18.

COURTS & LITIGATION  

Four Senior DOJ Officials Depart Following Midterm Elections

• DOJ sees fourth official step down within a week after massive GOP midterm losses 

• Two top Justice Department officials resign as post-election exodus accelerates 

• Another DOJ official, Brett Shumate, departs from administration post-midterms

• DOJ leadership shakeup continues as Civil Division chief steps down 

OVERVIEW

On November 9, Brett Shumate, Assistant Attorney General for the Department of Justice's (DOJ) Civil Division, resigned, becoming the fourth Senate-confirmed DOJ official to depart following the November 3 midterm elections, in which Democrats won control of both chambers of Congress.

Shumate's departure followed the resignations of Harmeet Dhillon, head of the Civil Rights Division, on November 5, and John Eisenberg, head of the National Security Division, and Jason Reding Quiñones, U.S. Attorney for the Southern District of Florida, on November 6.

The departing officials oversaw several of the administration's major enforcement and litigation priorities. Under Dhillon, the Civil Rights Division pursued investigations involving DEI programs and higher education. Shumate's Civil Division defended administration policies in federal court and pursued litigation involving corporate DEI practices, immigration enforcement and gender-affirming care for minors.

Attorney General Todd Blanche confirmed Shumate's departure, crediting the Civil Division with achieving what he called “historic settlements to end illegal corporate DEI practices.” The reasons for the departures have not been fully disclosed, and no successor to Shumate has been named. Permanent replacements for these Senate-confirmed positions will require Senate confirmation, with Democrats assuming control of the chamber on January 3, 2027.

LEGAL INTERPRETATION

The resignation of four senior DOJ officials does not change federal law or automatically suspend pending investigations, litigation or enforcement actions. The DOJ retains its statutory authority to enforce federal civil rights laws, including Title VII, which prohibits employment discrimination based on race, color, religion, sex and national origin. Settlements already reached remain binding according to their terms.

The Civil Rights Division remains responsible for enforcing federal civil rights laws, while the Civil Division continues to represent the government in civil litigation, including cases involving DEI practices and challenges to federal policies. Eligible acting officials may assume leadership responsibilities under applicable federal vacancy laws while permanent successors are selected.

The change in Senate control on January 3, 2027, will affect the confirmation process for permanent replacements. Assistant Attorneys General generally require Senate confirmation, while acting appointments are subject to statutory eligibility requirements and time limits under the Federal Vacancies Reform Act. A Democratic-controlled Senate will also have authority to conduct oversight of the DOJ's enforcement activities through congressional hearings and investigations.

BRIDGE POV

Leadership transitions can change enforcement priorities, but they do not change the legal obligations of employers or the business value of inclusion. The shift in congressional control introduces another layer of oversight and accountability, reinforcing the importance of distinguishing political developments from established law.

Organizations should not allow changes in federal leadership to dictate their commitments to employees, customers and communities. Values-based consistency, supported by legally sound practices, provides stability through political transitions and builds long-term business resilience.

ACTIONABLE STRATEGIES

1. Maintain Legal and Operational Continuity: Continue reviewing employment policies and inclusion practices against established antidiscrimination laws. Do not assume that leadership changes alter existing obligations or suspend enforcement.
   
   
2. Monitor DOJ Leadership and Congressional Oversight: Track acting appointments, permanent nominations and congressional oversight activities for developments that may affect enforcement priorities, litigation and regulatory scrutiny.
   
   
3. Strengthen Governance and Accountability: Ensure legal, HR and business leaders have clear responsibility for reviewing inclusion practices, documenting decisions and maintaining consistent implementation regardless of changes in the political environment.

See also: DOJ Uses False Claims Act to Secure $17 Million Settlement with IBM (Issue 60); Deloitte Pays $21.5 Million to Resolve DOJ False Claims Act Allegations Over DEI Employment Practices (Issue 80); Accenture Settles DOJ Diversity Discrimination Claims for $25 Million (Issue 82)

DEI at an Inflection Point

• ‘This is not a new story’: Legal professionals expect tide to turn on DEI

• John Sailer Waged War Against DEI. He Thinks It Will Roar Back.

The 2026 midterm elections have renewed debate over the future of diversity, equity and inclusion, but two recent articles suggest the more consequential question is not whether DEI will return, but what organizations have learned from the backlash.

At an American Bar Association conference, legal experts, including former EEOC Chair Charlotte Burrows and Rutgers Law professor Stacy Hawkins, emphasized that federal antidiscrimination laws have not changed and that lawful inclusion practices remain permissible. Meanwhile, John Sailer, a prominent critic of DEI in higher education, acknowledged that some institutions dismantled programs beyond what the law required, responding as much to political pressure as to legal obligations.

Together, these perspectives reinforce the risks of allowing political conditions to determine organizational practices.

We've spent the last couple of years navigating uncertainty, defending our values and challenging assumptions about the role of inclusion in business. We've also learned what works, where the gaps are and what it takes to make inclusion sustainable.

As the political landscape changes again, the opportunity is not simply to reverse course. It's about building what comes next.

We need to build infrastructure that embeds inclusion into how organizations operate, how leaders make decisions and how businesses understand and serve their markets.

EDUCATION & ADMISSIONS

Court Dismisses DOJ Bid for Harvard Admissions Data as Harvard Fights EEOC Subpoena 

• US judge dismisses Trump administration's Harvard admissions probe case

• Harvard Says EEOC Charge Is Retaliation For Defying Trump 

On November 2, a federal judge dismissed without prejudice the Department of Justice's lawsuit seeking Harvard University's applicant-level admissions data, finding that the government had not completed required procedural steps before filing suit. The DOJ intends to amend its complaint. 

Separately, on November 6, Harvard asked the court to reject an EEOC subpoena for faculty hiring records, arguing that the investigation is retaliatory, overbroad and exceeds applicable filing deadlines. This dispute is scheduled for a November 17 hearing. 

Neither proceeding resolves the underlying discrimination allegations. 

See also: DOJ Sues Harvard for Withholding Admissions Data in Civil Rights Investigation (Issue 52)

WORKFORCE & EMPLOYMENT

Lockheed Martin Reaches $29.5 Million DOJ/EEOC Settlement

• Lockheed Martin Agrees to Pay $29.5M to Resolve Alleged Employment Discrimination Violations

On November 3, the DOJ and EEOC announced a $29.5 million settlement with Lockheed Martin over allegations that race and sex influenced employment decisions and that the company falsely certified compliance with federal contracting requirements. 

The agreement includes $22 million to resolve False Claims Act allegations and approximately $7.5 million for more than 1,000 employees in connection with alleged race discrimination in compensation decisions. Lockheed denied wrongdoing and said it settled to avoid prolonged litigation.

See also: Deloitte Pays $21.5 Million to Resolve DOJ False Claims Act Allegations Over DEI Employment Practices (Issue 80); Accenture Settles DOJ Diversity Discrimination Claims for $25 Million (Issue 82)

WORKFORCE & EMPLOYMENT

EEOC Rescinds Criminal History Guidance Under Title VII

• EEOC Votes to Rescind Enforcement Guidance on Arrest and Conviction Records

On October 29, the EEOC rescinded its 2012 enforcement guidance on the use of arrest and conviction records in employment decisions. The guidance clarified how blanket criminal history exclusions could violate Title VII and provided employers with a framework for evaluating the nature of an offense, time elapsed and relevance to job responsibilities.

Despite the rescission, the EEOC explicitly states that employers are not required to abandon lawful practices. Employers should continue assessing criminal history screening practices for potential discrimination and consider retaining the guidance's individualized assessment framework to support fair, job-related hiring decisions. State and local fair chance hiring laws also remain in effect.

See also: EEOC Replaces Strategic Enforcement Plan with New National Enforcement Plan; DOJ Declares EEOC Disparate Impact Guidelines Unconstitutional (Issue 68)