EEOC

Memo
22-180
Wednesday, September 21, 2022

OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.


Memo
22-178
Tuesday, September 20, 2022

The second of three public “listening sessions” scheduled by the EEOC to solicit input on developing a new road map for the next several years featured witnesses testifying on “Identifying Vulnerable Workers and Reaching Underserved Communities.” Our


Memo
22-176
Monday, September 19, 2022

A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.


Memo
22-164
Tuesday, August 30, 2022

MEMBER FEEDBACK REQUESTED: The EEOC has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” that will establish agency priorities for the next several years. CWC intends to weigh in with comments, and would like to


Memo
22-162
Monday, August 29, 2022

The ruling by the federal appeals court offers guidance on the burden of proof scheme adopted by the U.S. Supreme Court in its landmark Young v. UPS decision interpreting the Pregnancy Discrimination Act.


Memo
22-161
Monday, August 29, 2022

Given the ongoing interest among our members regarding the collection of non-binary gender data, we’ve assembled the most common FAQs we receive on the topic into a memo that summarizes where the issue stands today.


Memo
22-147
Monday, August 8, 2022

WEB WORKSHOP SCHEDULED. A National Academies of Sciences panel commissioned by the EEOC to analyze the “Component 2” pay and hours-worked data collected in 2017 and 2018 has issued its report. Our memo summarizes the panel’s findings.


Memo
22-140
Tuesday, July 26, 2022

MEMBER FEEDBACK REQUESTED. The EEOC has posted the latest update to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws FAQs.


Memo
22-141
Tuesday, July 26, 2022

A federal trial court has ruled that the EEOC’s expanded sexual orientation/gender identity guidance cannot be enforced against 20 different states that brought a lawsuit alleging that the guidance exceeds the EEOC’s authority.


Memo
22-137
Tuesday, July 19, 2022

An individual who files a discrimination charge with the EEOC or who makes a charge inquiry through the agency’s online portal now has the option of using a non-binary identification marker.


Memo
22-135
Monday, July 18, 2022

Our memo provides the latest information regarding the “HIRE” initiative, a joint effort between the EEOC and OFCCP launched last January that is designed to “identify strategies to remove unnecessary barriers to hiring and to promote effective, job-


Memo
22-113
Tuesday, June 14, 2022

According to two new independent survey studies published by the EEOC, one involving mediation program participants and the other involving EEOC mediators, the agency’s switch to virtual mediation is in many cases now viewed by both as preferable to


Memo
22-107
Monday, June 6, 2022

The White House announced that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to be the EEOC’s new General Counsel, a position that has been vacant for the last 15 months.


Memo
22-106
Thursday, June 2, 2022

In the wake of the omnibus infrastructure legislation approved by Congress in late 2021, and the prospects of increased construction industry employment, the EEOC turned its attention recently to airing opinions on how discrimination and harassment a


Memo
22-094
Tuesday, May 17, 2022

In another example of the EEOC’s growing scrutiny of how the use of Artificial Intelligence tools intersects with the laws the agency enforces, the Commission has issued new technical assistance guidance on ensuring that AI tools don’t violate the AD


Memo
22-092
Thursday, May 12, 2022

The EEOC has announced that it will not accept 2021 EEO-1 report beyond June 21, 2022, a de facto extension of the May 17 filing deadline. In the meantime, there are still some issues that filers may want to consider before certifying their reports.


Memo
22-089
Tuesday, May 10, 2022

Although a bill recently approved by the House of Representatives that bans discrimination based on a person’s hairstyle probably will not be enacted this year, trend lines suggest that it’s only a matter of time before it becomes law.


Memo
22-090
Tuesday, May 10, 2022

Last year the EEOC entered into a pact along with the Labor Department and NLRB to aggressively go after allegations of unlawful retaliation. A recent court ruling suggests that the EEOC is taking this charge seriously.


Memo
22-084
Monday, May 2, 2022

On his first day in office, President Biden instructed all federal agencies to come up with a plan for overcoming barriers that underserved communities face in accessing the benefits and opportunities that might be available through that agency. Some


Memo
22-076
Wednesday, April 20, 2022

Employers required to file EEO-1 reports for 2021 with the EEOC can now do so, although they won’t have much time. Our memo provides details.


Memo
22-072
Wednesday, April 13, 2022

President Biden has nominated plaintiffs’ lawyer Kalpana Kotagal to fill the EEOC Commissioner slot currently held by Janet Dhillon, whose term expires in July. If confirmed by the U.S. Senate, Ms. Kotagal will give Democrats the majority on the five


Memo
22-068
Monday, April 11, 2022

According to enforcement statistics covering fiscal year 2021 released recently by the EEOC, both the number of discrimination charges filed and the number of charges resolved hit 30-year lows last year.


Memo
22-062
Wednesday, March 30, 2022

As expected, the proposed budget that the President has submitted to Congress to fund the government for the upcoming fiscal year beginning on October 1 asks for big funding increases for OFCCP and the EEOC, among other workplace enforcement agencies


Memo
22-050
Wednesday, March 16, 2022

The three agencies involved in the inter-agency anti-retaliation initiative announced by the Biden Administration last November recently held a second webinar to promote their efforts, once again stressing that the focus of the initiative is on prote


Memo
22-049
Tuesday, March 15, 2022

After a six-month delay, Congress and the Biden Administration finally reached agreement on funding the government through the end of September. The EEOC, OFCCP, and the Wage and Hour Division all received modest increases, while the NLRB was flat-fu


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