Monday, June 24, 2024

Federal district courts have reached different conclusions in assessing challenges to controversial parts of the EEOC’s regulations implementing the Pregnant Workers Fairness Act. Our memo explains.

Tuesday, June 11, 2024

In a decision involving a discrimination claim by a federal employee, the EEOC has taken the position that an employer violates Title VII by maintaining a health plan that excludes coverage for gender-affirming treatment.

Monday, June 3, 2024

The Republican Attorneys General in a number of states, led by Tennessee, have filed lawsuits claiming among other things that the structure of the Equal Employment Opportunity Commission is unconstitutional.

Wednesday, May 29, 2024

In a heads up to all entities that are required to file annual EEO-1 reports, the Equal Employment Opportunity Commission has sued 15 employers for failure to comply.

Monday, May 20, 2024

For the second year in a row, the EEOC saw a notable increase in discrimination charges filed this past year, with allegations of unlawful retaliation once again leading the way.

Monday, May 20, 2024

As we predicted, a lawsuit has been filed by the Republican Attorneys General of 18 separate states challenging the EEOC’s new anti-harassment guidance and its SOGI discrimination provisions.

Thursday, May 9, 2024

The EEOC has filed a rare friend-of-the-court brief in a federal district court case arguing that an AI software vendor can be liable under federal anti-discrimination laws if the use of its product by an employer allegedly discriminates against a pr

Monday, May 6, 2024

The EEOC’s new anti-harassment guidance supersedes previous guidance issued more than 20 years ago, and as expected, takes an expansive view of what constitutes unlawful harassment.

Tuesday, April 23, 2024

CWC’s written comments to the EEOC agree that its recently revised procedural regulations are consistent with changes required by enactment of the Pregnant Workers Fairness Act. At the same time, we express concern that the agency finalized the regul

Thursday, April 18, 2024

CWC WEB WORKSHOP on April 30, 2024. The EEOC, over the objection of two of its Commissioners, has issued final regulations interpreting the Pregnant Workers Fairness Act, giving the law an expansive reading that is almost certain to be challenged in

Thursday, April 4, 2024

CWC WEB WORKSHOP ON THURSDAY, APRIL 11. The White House Office of Management and Budget has revised the standards that federal agencies use to collect race/ethnicity data, and it will take some time before the changes are incorporated into collection

Wednesday, March 27, 2024

Following the EEOC’s announcement that the filing season for 2023 EEO-1 Reports will begin on April 30, 2024, updated instructions recently posted to the agency’s EEO-1 Filing website indicate that there are no changes to the process used for filing

Thursday, March 21, 2024

The Equal Employment Opportunity Commission, in a likely sign that it is getting ready to reinstate a pay data collection requirement, has released to the public a new Data Dashboard allowing users to review and sort aggregate EEO-1 “Component 2” pay

Monday, March 11, 2024

As part of a deal to fund a portion of the federal government through September 30, Congress has allocated a budget of $455 million to the EEOC, the same amount the agency received last fiscal year.

Tuesday, March 5, 2024

A federal trial court has ruled that the Pregnant Workers Fairness Act cannot be enforced against the state of Texas because the House of Representatives did not have a necessary Constitutional quorum when the PWFA was enacted.

Wednesday, February 28, 2024

The Equal Employment Opportunity Commission has announced that the filing period for the mandatory Component 1 EEO-1 Reports covering 2023 employment data is scheduled to open on April 30, 2024, and run for five weeks until June 4. Filing specifics h

Wednesday, February 21, 2024

A 2015 federal law requires agencies to increase civil penalties for violations every year to account for inflation. The Labor Department and other workplace enforcement agencies recently announced how much their fines are going up in 2024.

Tuesday, February 20, 2024

MEMBER FEEDBACK REQUESTED. The EEOC has amended its procedural regulations to account for enactment of the PWFA, which went into effect last June. The agency’s proposed PWFA substantive regulations are still awaiting approval by the White House Offic

Wednesday, February 14, 2024

MEMBER FEEDBACK REQUESTED. Enforcement data released recently by the Equal Employment Opportunity Commission show that so-called Commissioner charges have increased dramatically over the last two years.

Tuesday, February 6, 2024

The EEOC’s new initiative is designed to implement one of the priorities included in the agency’s recently adopted five-year Strategic Enforcement Plan.

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.

Thursday, December 14, 2023

The Biden Administration’s latest regulatory agenda lists several new items added by the EEOC, while indicating that OFCCP has hit the pause button on several previously listed items of interest to federal contractors.

Tuesday, December 5, 2023

The White House Office of Management and Budget has modified its prior one-year approval of the EEOC’s request to extend “Component 1” of the annual Employer Information (EEO-1) Report for an additional two years, or until November 30, 2026.

Tuesday, November 28, 2023

In a last minute deal to avoid a government shutdown, Congress set aside its partisan differences and agreed to temporarily keep the lights on at current funding levels for most agencies until February 2 of next year.

Tuesday, November 14, 2023

The U.S. Senate has narrowly approved President Biden’s nomination of current EEOC Chair Charlotte Burrows to serve another five-year term on the Equal Employment Opportunity Commission, putting Democrats in control of the EEOC until at least 2026.

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