Discrimination and Harassment

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.

Tuesday, November 7, 2023

Our comments to the EEOC on its proposed new guidance on unlawful workplace harassment commend the agency for its effort to reflect changes in law and policy that have occurred in recent years, but also express concerns about proposed policy interpre

Wednesday, November 1, 2023

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce a new online training resource designed to help our members understand the requirements of the recently enacted Pregnant Workers Fairness Act.

Tuesday, October 31, 2023

The Supreme Court’s landmark race-based college admissions ruling in Harvard/UNC implicated “Title VI” of the 1964 Civil Rights Act. So, what is Title VI, who does it cover, and what is its relationship to the more familiar Title VII? CWC’s primer ex

Wednesday, October 25, 2023

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

Thursday, October 19, 2023

Nearly a year and a half after President Biden originally nominated her for the position, the U.S. Senate has confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission.

Wednesday, October 11, 2023

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has proposed updated anti-harassment guidance for private sector employers, reflecting legal and societal changes that have occurred since the 1990s. CWC will be commenting on the

Tuesday, October 10, 2023

The Supreme Court has agreed to hear several cases during its upcoming term which could impact employment law compliance. Our memo provides a summary.

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.

Wednesday, September 6, 2023

The Supreme Court of California has ruled that a third party vendor performing screening services on behalf of an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act.

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...

Tuesday, August 29, 2023

The Equal Employment Opportunity Commission has adopted a new five-year Strategic Plan, which is likely to be followed soon by the agency’s new five-year Strategic Enforcement Plan. Importantly, the new SEP will contain details on the new Democratic

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.

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

Tuesday, July 18, 2023

Seizing upon the Supreme Court’s recent ruling barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter sent to Fortune 100 companies putting them on notice that their DEI practices a

Monday, July 17, 2023

For the first time since the Biden Administration assumed office, the Equal Employment Opportunity Commission will now operate with a Democratic majority following the Senate confirmation of plaintiffs’ lawyer Kalpana Kotagal to a vacant seat. CWC me

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.

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

Wednesday, June 28, 2023

President Biden has nominated current Chair Charlotte Burrows to serve for another five-year term on the Equal Employment Opportunity Commission. Her nomination will require confirmation by the U.S. Senate.

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

Monday, June 26, 2023

MEMBER FEEDBACK REQUESTED. CWC members are reminded that the PWFA goes into effect this week, and will require reasonable accommodation of known limitations related to pregnancy, childbirth, and related medical conditions.

Monday, June 19, 2023

Final charge filing statistics made available recently by the Equal Employment Opportunity Commission show a 20% increase in charges filed over the previous year, led by a five-fold jump in religious discrimination charges related to employers’ COVID

Thursday, June 8, 2023

Following up on its 2017 anti-harassment guidance for private sector employers, the EEOC has issued new anti-harassment guidance applicable to the public sector. CWC members may find it helpful as a reality check on their anti-harassment policies.

Tuesday, May 30, 2023

As part of its increasing focus on the use of artificial intelligence tools in the employment context, the Equal Employment Opportunity Commission has issued new guidance reminding employers that AI tools are subject to the same rules as other select

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

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