Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.

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

Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.

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.

Tuesday, October 12, 2021

The three federal agencies that administer the complex rules regarding corporate wellness programs have issued new guidance concerning how employers are permitted to use incentives to encourage employee COVID-19 vaccinations.

Monday, December 21, 2020

Executive Order 13950 barring a covered federal contractor from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating” also includes a notice requirement. The text

Wednesday, October 21, 2020

The EEOC has finalized revisions to its procedural regulations first proposed in 2019 that will now specifically allow an individual to file a discrimination charge with the agency online. As our memo explains, the revised regulations essentially ado

Monday, October 19, 2020

As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may

Monday, October 12, 2020

The EEOC is proposing changes to the process it follows to informally settle discrimination charges which, if implemented, should bring more consistency and thus better results when conciliation occurs. CWC plans to file comments supporting the chang

Monday, September 28, 2020

The U.S. Senate last week finally voted to confirm President Trump’s three pending nominees to the Equal Employment Opportunity Commission, thus ensuring a Republican majority on the EEOC until at least 2022.

Friday, August 21, 2020

The Equal Employment Opportunity Commission voted earlier this week to issue a proposal to revise the agency’s regulations governing the process under which the EEOC attempts to resolve discrimination charges informally. Based on a summary of the pro

Friday, August 14, 2020

In a case of first impression, the appeals court has ruled that an ADA lawsuit can continue to allow the plaintiff to attempt to show that her genetic mutation is a covered disability under the law.

Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.

Friday, July 10, 2020

The EEOC has rolled out two new nationwide pilot programs making adjustments in the agency’s conciliation process and mediation program, both containing features that are consistent with reforms for which CWC has long advocated.

Friday, June 19, 2020

The sitting EEOC Commissioners have voted to publish a proposal that addresses how employers can provide incentives in an employee wellness plan without violating the Americans with Disabilities Act. It could be months, however, before the proposal i

Friday, June 12, 2020

President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their

Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m

Friday, March 27, 2020

The most recent federal court statistics, covering the period October 1, 2018, through September 30, 2019, show that except for lawsuits filed under the Family and Medical Leave Act (FMLA), all employment-related categories showed a decrease in the n

Friday, February 7, 2020

Final enforcement data released by the EEOC covering the past fiscal year show fewer discrimination charges are being filed with the agency. Retaliation allegations continue to be the most common complaint.

Friday, December 13, 2019

The EEOC’s most recent enforcement numbers show that the agency made significant progress in reducing its pending charge backlog to the lowest level in 13 years.

Friday, March 29, 2019

The latest data on annual federal court lawsuit filings show that employment-related lawsuits once again fall within a consistent range, although lawsuits filed under the Americans with Disabilities Act are an outlier as they continue to increase.

Friday, March 1, 2019

The Equal Employment Opportunity Commission is continuing its effort to completely digitize its charge processing system, with publication of a proposed rule that would allow charging parties to file discrimination charges online. CWC will be comment

Thursday, January 10, 2019

In late 2017, a federal court vacated the “incentive” provisions of the EEOC’s ADA/GINA wellness regulations, but gave the agency until January 1, 2019, to come up with a fix. Unable to meet that deadline, the EEOC instead has now formally rescinded

Friday, July 29, 2016

Under a new federal law passed last year, federal agencies are now required to make annual inflation adjustments to the penalties that can be assessed for posting violations. Our updated memo lists the current fines, as well as other changes that ha

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