Title VII/Section 1981

Memo
24-013
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.


Memo
23-239
Tuesday, December 19, 2023

Historical EEO-1s downloaded by filers in conjunction with this year’s EEO-1 filing season may contain a significant database display error. Our memo describes the issue and how to respond.


Memo
23-235
Wednesday, December 13, 2023

This ruling by a federal appeals court serves as a useful reminder that it may be wise to withhold information about job applicants’ race and gender from recruiters and hiring officials in the early stages of the talent acquisition process.


Memo
23-205
Wednesday, October 25, 2023

CWC is pleased to present an updated version of our primer on workplace harassment prevention and risk mitigation strategies.


Memo
23-200
Monday, October 16, 2023

CWC has filed written comments with the Equal Employment Opportunity Commission on the agency’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act. While we support many of the proposed provisions as consistent with


Memo
23-191
Monday, October 2, 2023

Public comments made recently by a senior official at the Equal Employment Opportunity Commission that the PWFA’s coverage is not limited to women have prompted questions from our members to explain how. Our memo delves into the issue.


Memo
23-171
Wednesday, August 30, 2023

As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ


Memo
23-169
Tuesday, August 29, 2023

The appeals court has ruled that a plaintiff does not need to show an “ultimate employment decision” such as discharge or failure to promote to bring a valid Title VII discrimination claim, putting the spotlight on a different case...


Memo
23-165
Tuesday, August 22, 2023

The appeals court found that a company policy that required employees to have permanent work authorization did not intentionally discriminate against a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program in violation of “Section


Memo
23-162
Tuesday, August 15, 2023

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has proposed regulations to implement the recently enacted PWFA. The proposed regulations are not without controversy, however, as our memo explains.


Memo
23-151
Tuesday, August 1, 2023

MEMBER FEEDBACK REQUESTED. CWC’s new Talking Points guide on the Supreme Court’s landmark college admissions ruling is designed to assist you in educating internal stakeholders on what the Court said (and didn’t say), and what the ruling may mean for


Memo
23-144
Wednesday, July 19, 2023

As the EEOC awaits approval from the White House Office of Management and Budget to continue using the “Component 1” EEO-1 Report, it has confirmed that the 2022 EEO-1 filing season will not begin until sometime this fall.


Memo
23-139
Thursday, July 13, 2023

The appeals court ruled that sexually derogatory music blasted constantly throughout a workplace can give rise to a Title VII sex discrimination claim, even if the music is offensive to both female and male employees.


Memo
23-135
Monday, July 10, 2023

Sign Up for Virtual Member Roundtable on July 12. The Supreme Court’s recently issued landmark ruling rejecting the use of race in the admissions policies of Harvard and the University of North Carolina has potential implications for corporate CD&I p


Memo
23-132
Wednesday, July 5, 2023

The Supreme Court has ruled that an employer must be able to show that a requested religious accommodation under Title VII will result in substantial cost to its business before the employer can deny the accommodation.


Memo
23-128
Tuesday, June 27, 2023

Equal Employment Opportunity Commission Chair Charlotte Burrows has issued a report claiming there is pervasive harassment and discrimination in hiring practices and apprenticeships within the U.S. construction industry that are working to exclude wo


Memo
23-110
Thursday, June 1, 2023

Goldman Sachs and a class of nearly 3,000 plaintiffs have reached a settlement in a pay discrimination case that was originally filed back in 2010. The multimillion-dollar settlement amount is one of the highest we’ve ever seen.


Memo
23-095
Thursday, May 11, 2023

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


Memo
23-058
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


Memo
23-057
Tuesday, March 21, 2023

An employee who fails to timely report allegations of sexual harassment as required by an employer’s policy does not engage in Title VII protected activity, according to the Seventh Circuit Court of Appeals.


Memo
23-022
Monday, January 30, 2023

The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and


Memo
23-021
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.


Memo
22-224
Tuesday, November 29, 2022

As CWC predicted, the U.S. Congress has given final approval to the so-called Speak Out Act, a bill that bars enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is


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
22-128
Thursday, July 7, 2022

MEMBER ROUNDTABLE SCHEDULED. The Supreme Court’s recent ruling overturning the nearly 50-year-old Roe v. Wade decision is prompting questions from our members regarding how new abortion restrictions might intersect with their workplace compliance obl


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