Title VII/Section 1981

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

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

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.

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

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.

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

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.

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

Tuesday, June 28, 2022

The influential federal appeals court has overturned its own precedent by ruling that an employee who claimed she was denied a job transfer based on her sex in violation of Title VII does not also have to show that the denial resulted in “objectively

Tuesday, June 21, 2022

The Labor Department’s Administrative Review Board has reversed a ruling by an agency administrative law judge that found in favor of OFCCP, concluding that the ALJ used the wrong legal analyses when he held that a federal contractor committed hiring

Tuesday, June 7, 2022

A ruling by the Third Circuit finding that the Postal Service did not discriminate by failing to provide a religious accommodation to an employee who refused to work on Sundays could serve as the vehicle for the Supreme Court to revisit Title VII’s r

Tuesday, May 10, 2022

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.

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, January 11, 2022

The Equal Employment Opportunity Commission has announced that it will no longer accept so-called “Type 6” establishment records for the upcoming 2021 EEO-1 Report filing season. EEO-1 filers with establishments employing fewer than 50 employees will

Wednesday, January 5, 2022

Employers required to file annual EEO-1 reports will be able to file their 2021 EEO-1s with the Equal Employment Opportunity Commission beginning on April 12, 2022, according to an announcement posted recently by the agency.

Monday, November 15, 2021

As expected, OFCCP has published a proposal to rescind regulations issued at the end of the Trump Administration that broadened the religious exemption under E.O. 11246.

Thursday, November 4, 2021

In response to COVID-19 vaccine mandates, the Biden Administration has issued a number of templates designed to provide employers with guidance on responding to religious and disability accommodation requests. The templates raise questions, however,

Monday, October 18, 2021

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has updated its guidance for employers on how their policies in response to the coronavirus pandemic interact with federal EEO laws. The revisions focus primarily on clarifying gu

Monday, October 11, 2021

The state of Texas has filed a lawsuit in federal court challenging the EEOC’s new guidance on sexual orientation and gender identity discrimination on grounds that it is procedurally defective and exceeds the agency’s authority.

Tuesday, August 10, 2021

Legislation to require employers to accommodate certain pregnancy-related limitations cleared a key hurdle last week, taking it one step closer to enactment within the coming weeks.

Comments and Testimony
Monday, December 28, 2020

OFCCP is asking for approval from the government’s paperwork reduction watchdog to begin using two new desk audit scheduling letters, one focused on a federal contractor’s promotion practices and the other on a contractor’s accommodation practices.

Monday, December 28, 2020

Finalizing a rule originally proposed in 2019, OFCCP has revised its E.O. 11246 regulations regarding the E.O.’s exemption for religious organizations and entities. The new rule should have no direct impact on the vast majority of CWC members.

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

Comments and Testimony
Wednesday, December 9, 2020

Our comments to OFCCP in response to its Request for Information on training programs that might violate President Trump’s recently issued Executive Order 13950 stress both the commitment of CWC members to the principle and practice of equal employme

Tuesday, November 24, 2020

The EEOC is proposing revisions to its guidance on religious discrimination under Title VII, most of which is on exceptions to coverage that does not directly impact CWC members. CWC is considering whether to comment and would like to hear from you.

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