Discrimination and Harassment

Memo
24-098
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.


Memo
24-095
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.


Memo
24-086
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.


Memo
24-085
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.


Memo
24-082
Tuesday, May 14, 2024

A bill that would outlaw pre-dispute arbitration of age discrimination claims has cleared a key U.S. Senate Committee on a bipartisan vote, paving the way for possible enactment later this year.


Memo
24-080
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


Memo
24-077
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.


Memo
24-069
Monday, April 22, 2024

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof on an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act.


Memo
24-059
Wednesday, April 3, 2024

In another recent example of how diversity-related initiatives are under increasing legal challenge, a federal district court in Texas has ruled that the MBDA, an agency within the U.S. Department of Commerce, discriminates on the basis of race, and


Memo
24-057
Tuesday, April 2, 2024

A recent ruling by a federal appeals court underscores the importance of operating DEI programs within the law.


Memo
24-044
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.


Memo
24-041
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.


Memo
24-032
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


Memo
24-030
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.


Memo
24-024
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.


Memo
24-021
Wednesday, January 31, 2024

A recent $6 million employment class discrimination settlement involving the federal Consumer Financial Protection Bureau, an enforcement agency with jurisdiction over many CWC members, serves as confirmation of the old adage “do as we say, not as we


Memo
24-013
Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.


Memo
23-235
Wednesday, December 13, 2023

This ruling by a federal appeals court serves as a useful reminder that it may be wise to withhold information about job applicants’ race and gender from recruiters and hiring officials in the early stages of the talent acquisition process.


Memo
23-218
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.


Memo
23-214
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


Memo
23-210
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.


Memo
23-209
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


Memo
23-205
Wednesday, October 25, 2023

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


Memo
23-203
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.


Memo
23-199
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


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