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
Janet Dhillon, one of three Republican Commissioners on the five-member EEOC, has resigned her seat, a few weeks earlier than her term would have ended anyway. The now evenly divided Commission means that the tactical advantage that Republicans have
The Government Accountability Office, the research arm of the U.S. Congress, has issued a report suggesting that on average the EEOC is doing an ok job in handling its discrimination charge processing duties, but that there are glaring inconsistencie
The Equal Employment Opportunity Commission filed 31 lawsuits in the last week of September alone, well above the agency’s ten-year average monthly total of 11 suits filed. Our memo provides a summary.
The EEOC has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that employers have used for years to meet EEOC and OFCCP notice requirements.
A bipartisan bill that would bar the use of pre-dispute nondisclosure agreements involving sexual assault or harassment claims has been approved by the U.S. Senate and could become law this year.
A federal district court in Texas has ruled that enforcement guidance issued last year by the EEOC in the wake of the Supreme Court’s landmark Bostock ruling finding that Title VII bars discrimination based on sexual orientation and gender identity i
The EEOC recently held its third and last “Listening Session” to solicit public input on development of the documents that will guide the agency’s enforcement priorities for the next few years. Our memo summarizes the session’s highlights.
The second of three public “listening sessions” scheduled by the EEOC to solicit input on developing a new road map for the next several years featured witnesses testifying on “Identifying Vulnerable Workers and Reaching Underserved Communities.” Our
MEMBER FEEDBACK REQUESTED: The EEOC has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” that will establish agency priorities for the next several years. CWC intends to weigh in with comments, and would like to
Given the ongoing interest among our members regarding the collection of non-binary gender data, we’ve assembled the most common FAQs we receive on the topic into a memo that summarizes where the issue stands today.
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.
A federal trial court has ruled that the EEOC’s expanded sexual orientation/gender identity guidance cannot be enforced against 20 different states that brought a lawsuit alleging that the guidance exceeds the EEOC’s authority.
An individual who files a discrimination charge with the EEOC or who makes a charge inquiry through the agency’s online portal now has the option of using a non-binary identification marker.
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
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
The White House announced that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to be the EEOC’s new General Counsel, a position that has been vacant for the last 15 months.
In the wake of the omnibus infrastructure legislation approved by Congress in late 2021, and the prospects of increased construction industry employment, the EEOC turned its attention recently to airing opinions on how discrimination and harassment a
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
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.
Fifty years ago, Congress passed a resolution setting up a process for the states to ratify the Equal Rights Amendment as a new amendment to the U.S. Constitution. The federal courts today are still grappling with the question of whether the ERA has
A new law that prohibits federal contractors from asking job applicants about their criminal histories went into effect on December 20, 2021, but the government has yet to issue implementing regulations.
A bill recently passed by the U.S. House of Representatives would allow job applicants to sue for disparate impact discrimination under the Age Discrimination in Employment Act.
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.
In this second part of our memo on drafting an effective EEOC position statement, we focus on drafting the statement itself, as well as offer practical pointers to help ensure that the statement is in fact effective.
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