Discrimination and Harassment

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

Thursday, May 4, 2023

The latest attempt by proponents to ratify the Equal Rights Amendment, which was proposed more than 50 years ago, is more a political statement than any expectation on their part that it would be approved.

Tuesday, March 28, 2023

According to the EEOC’s recently released FY 2022 annual performance report, the number of discrimination charges received by the agency increased by 20% last year, reversing a seven-year downward trend.

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

Wednesday, March 22, 2023

The influential D.C. Circuit Court of Appeals has rejected an attempt by a group of states arguing that the Equal Rights Amendment to the U.S. Constitution first proposed back in 1972 has been ratified. The ruling thus further constrains the already

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.

Wednesday, March 8, 2023

As expected, OFCCP has formally rescinded Trump-era regulations that broadened the religious exemption under Executive Order 11246. This action should have little direct impact on CWC members, however.

Tuesday, February 21, 2023

The Equal Employment Opportunity Commission’s recent public hearing on the discriminatory impacts of artificial intelligence in the employment context demonstrated both the EEOC’s increasing attention to and greater sophistication with the issue. The

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.

Wednesday, January 11, 2023

Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.

Tuesday, December 13, 2022

Congress has approved and sent to President Biden for his signature a bill that codifies the protections regarding same-sex marriages that were articulated earlier in two landmark U.S. Supreme Court rulings.

Monday, December 12, 2022

Our written comments to the Equal Employment Opportunity Commission on its draft “Strategic Plan” for 2022-2026 urge the agency to include metrics that will encourage quality charge investigations, with less emphasis on conducting resource-intensive

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, November 21, 2022

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

Tuesday, November 15, 2022

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

Thursday, November 3, 2022

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.

Thursday, October 27, 2022

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.

Monday, October 24, 2022

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.

Monday, October 17, 2022

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

Tuesday, October 4, 2022

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.

Tuesday, September 20, 2022

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

Tuesday, August 30, 2022

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

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.

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