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CWC’s Refresher on Mass Layoff Notification Laws in Light of the Coronavirus Pandemic

20-067 | 03 Apr 2020
The coronavirus outbreak is forcing many companies to furlough workers, in some cases triggering federal and/or state mass layoff notification requirements. Our memo summarizes how the federal Worker Adjustment and Retraining Notification (WARN) Act can apply, as well as references some of those state laws that impose even more stringent notification requirements.

Supreme Court Rules in Comcast v. NAAAOM That “But-For” Causation Standard Applies to “Section 1981” Race Discrimination Claims

20-066 | 03 Apr 2020
In a decision that was not unexpected, the Supreme Court has ruled that a plaintiff attempting to prove race discrimination under Section 1981, a Civil War-era statute that permits such claims, must be able to show that race was the but-for cause of the adverse action. In so ruling, the Court stressed that if a different result is desired, it is up to Congress to change the law.

CWC Submits Written Recommendations to OMB for Improving OFCCP and EEOC Adjudicatory Procedures

20-065 | 03 Apr 2020
In response to a notice published by the White House Office of Management and Budget asking for public input on ways to improve federal agency adjudicatory procedures, CWC has submitted written comments offering recommendations for refinements at both OFCCP and the EEOC.

EEOC Revises Its Litigation Policy To Exercise Stronger Oversight, Curb Delegation Authority to Agency’s General Counsel

20-064 | 03 Apr 2020
The EEOC for many years has delegated the authority to set litigation policy to the agency’s lawyers, often resulting in inconsistent and sometimes untenable legal interpretations depending on where a case arises. In a move that CWC supports, the Commissioners have now taken back the authority to decide which cases the agency will bring.

Sixth Circuit Rules in Jones v. Federal Express Corp. That FEPA Worksharing Agreement Is “Self-Executing,” Concludes Discrimination Charge Was Timely Filed

20-063 | 03 Apr 2020
Title VII imposes a strict limit of 180 days for a charging party to file a discrimination complaint with the EEOC. In jurisdictions where a state or local entity has a “worksharing” agreement with the EEOC, however, the filing deadline can be extended to 300 days. Although EEOC procedures suggest that a charging party must actually file a charge with the state or local entity to take advantage of the 300 day period, the court here ruled that the mere existence of a worksharing agreement is enough to extend the filing deadline.

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