As part of its increasing focus on the use of artificial intelligence tools in the employment context, the Equal Employment Opportunity Commission has issued new guidance reminding employers that AI tools are subject to the same rules as other select
In a case that illustrates that the EEOC’s authority to demand whatever information it wants is not limitless, the 11th Circuit has ruled that an agency subpoena demanding information from multiple company facilities was not relevant to the charge it
MEMBER FEEDBACK REQUESTED. The EEOC has updated its “What You Should Know About COVID-19 and the ADA” guidance to remind employers that even though the COVID-19 public health emergency has expired, they still have obligations under the Americans with
A conservative public interest group has been filing complaints with the EEOC alleging that public statements made by a number of large employers about their diversity, equity, and inclusion policies violate Title VII. The complaints contend that the
In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the EEOC has settled charges with the operator of a job search website accused of running job postings
MEMBER FEEDBACK REQUESTED. The EEOC is seeking approval from the White House Office of Management and Budget to keep using a slightly modified version of the “Component 1” EEO-1 Report for another three years. CWC plans to file comments with OMB supp
Four powerful federal enforcement agencies, including the EEOC, have issued a joint statement putting users of artificial intelligence on notice that the agencies are prioritizing enforcement of cases where AI or similar tools may be discriminating a
The EEOC has modified its worksharing agreement with the California Civil Rights Department in a way that suggests an employer may have to deal with a separate investigation conducted by each agency stemming from the same charge.
Under a 2015 law enacted by Congress, the Labor Department and other federal agencies are required to adjust civil penalties annually under the laws they enforce to account for inflation. The increases for 2023 are more than 7.0%.
According to the EEOC’s recently released FY 2022 annual performance report, the number of discrimination charges received by the agency increased by 20% last year, reversing a seven-year downward trend.
Wednesday, March 22, 2023
We’re pleased to present highlights from CWC’s recently held virtual 2023 Workplace Equity Policy Conference.
Wednesday, March 22, 2023
MEMBER FEEDBACK REQUESTED. The issuance of so-called Commissioner charges by the individual EEOC Commissioners took a big jump last year, with no clear indication as to why. Our memo explains what a Commissioner charge is, and its implications for an
The President’s opening bid in a process that will ultimately determine federal government funding levels for fiscal year 2024, which begins on October 1, contains huge proposed increases for agencies such as OFCCP, the Wage and Hour Division, and th
Wednesday, February 22, 2023
The EEOC has updated its nearly 10-year-old guidance on hearing disabilities in the workplace to take into account recent technological advances as well as to put a greater emphasis on an employer’s reasonable accommodation obligations with respect t
Tuesday, February 21, 2023
The Equal Employment Opportunity Commission’s recent public hearing on the discriminatory impacts of artificial intelligence in the employment context demonstrated both the EEOC’s increasing attention to and greater sophistication with the issue. The
Thursday, February 16, 2023
Our comments to the Equal Employment Opportunity Commission on its proposed 2023-2027 “Strategic Enforcement Plan” urge the agency to expedite compliance guidance on the recently enacted Pregnant Workers Fairness Act, while also offering several reco
MEMBER FEEDBACK REQUESTED. The EEOC has published its proposed Strategic Enforcement Plan for 2023 – 2027. The document, which sets out what are expected to be the agency’s enforcement priorities, adds the use of artificial intelligence and mandatory
Wednesday, January 18, 2023
CWC has filed written comments with the Equal Employment Opportunity Commission in support of the agency’s announced intent to get approval from the White House Office of Management and Budget to continue using a slightly revised version of the EEO-1
Wednesday, January 18, 2023
CWC is pleased to advise our members that we have updated our EEO-1 headcount benchmarking tables with the 2020 EEO-1 data, the latest available from the EEOC.
Wednesday, January 11, 2023
Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.
Thursday, January 5, 2023
The final FY 2023 government spending deal reached by Congress shortly before it adjourned contains budget increases for several workplace enforcement agencies, with the National Labor Relations Board and the Equal Employment Opportunity Commission c
Monday, December 12, 2022
Our written comments to the Equal Employment Opportunity Commission on its draft “Strategic Plan” for 2022-2026 urge the agency to include metrics that will encourage quality charge investigations, with less emphasis on conducting resource-intensive
Wednesday, December 7, 2022
With the results of the 2022 mid-term elections now in, CWC has dusted off its crystal ball to take a look at what the changed political dynamic might mean for employment policy issues.
Monday, November 21, 2022
Janet Dhillon, one of three Republican Commissioners on the five-member EEOC, has resigned her seat, a few weeks earlier than her term would have ended anyway. The now evenly divided Commission means that the tactical advantage that Republicans have
Thursday, November 17, 2022
MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has announced that it intends to ask the Office of Management and Budget (OMB) for approval to continue collecting EEO-1 “Component 1” data for the next three years. The proposal