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
MEMBER FEEDBACK REQUESTED. CWC is pleased to provide the latest edition of CWC Interstate, a summary of notable workplace-related state and local compliance developments that have occurred since our last update in early April.
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.
In a positive development for employers that have implemented telework policies in response to COVID-19, the U.S. Citizenship and Immigration Services agency has extended its temporary policy allowing remote inspection of I-9 documents until October
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.
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.
OFCCP has announced only a handful of financial settlements since our last update in October, signaling that the agency may be less inclined to resolve allegations of discrimination than it was during the previous administration.
A new mandate to include salary information in New York City job postings will likely be postponed and favorably amended, as our memo explains.
The Biden Administration has targeted alleged anti-competitive practices as an enforcement priority, and even though the Department of Justice recently lost two high profile criminal jury trials, there are no signs that it intends to back off.
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
MEMBER FEEDBACK REQUESTED. CWC’s recent virtual member roundtable on OFCCP’s controversial pay equity audit directive involved a spirited discussion among the more than 50 member company participants. Our memo summarizes the highlights.
The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r
Our comment letter to OFCCP on the agency’s proposal to revise the 2020 Trump-era Enforcement Rule argues that rather than creating greater efficiency as OFCCP claims, the proposal will instead create additional delays in resolving agency allegations
Wednesday, April 27, 2022
MEMBER FEEDBACK REQUESTED. CWC has filed a comment letter with OFCCP in general support of the agency’s announced intent to extend its Functional Affirmative Action Program for another three years, while recommending some minor revisions that we beli
Wednesday, April 27, 2022
Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.
For the second Congress in a row, the U.S. House of Representatives has passed legislation that would decriminalize marijuana under federal law. And for the second Congress in a row, the bill is unlikely to go anywhere in the U.S. Senate unless it ob
MEMBER FEEDBACK REQUESTED. In anticipation of the May 24 filing deadline applicable to the first batch of employers subject to Illinois’ broad new pay reporting requirements, the state’s Department of Labor has posted a set of FAQs that address basic
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.
MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration has published a proposed rule that would reinstate and expand electronic workplace injury and illness reporting requirements adopted during the Obama Administration but late
The Labor Department’s Office of Federal Contract Compliance Programs has recalculated its annual percentage of veterans in the workforce, an annual measure used by the agency to evaluate a federal contractor’s affirmative action obligations under th
U.S. and European negotiators have reached agreement on a new framework that would allow the cross-border transfer of personal data consistent with strict EU data protection requirements. It is likely to be some time, however, before the framework is
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
California’s Department of Fair Employment and Housing has published a report summarizing at a high level pay data submitted to the agency in 2021 under the state’s new pay data reporting requirements.
MEMBER FEEDBACK REQUESTED. The U.S. Citizenship and Immigration Services agency, as part of the periodic approval process required for renewal of government forms, is proposing some changes to the I-9 form designed to streamline it. We’d like to hear
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.