All Publications and Memoranda

Memo
22-225
Wednesday, November 30, 2022

MEMBER FEEDBACK REQUESTED. Less than ten years after OFCCP made extensive changes to its scheduling letter and accompanying “itemized listing” that required federal contractors to submit substantially more data, the agency is proposing to do so again


Memo
22-224
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


Memo
22-222
Monday, November 28, 2022

The Biden-appointed majority on the National Labor Relations Board, along with the agency’s pro-union General Counsel, are doing their best to shift national labor policy to favor organized labor.


Memo
22-223
Monday, November 28, 2022

The Labor Department recently announced the winners of this year’s HIRE Vets Medallion Awards, given to companies that demonstrate exemplary efforts in recruiting, employing, and retaining veterans. As was the case last year, we are once again please


Memo
22-221
Tuesday, November 22, 2022

Enforcement data for FY 2022 released recently by the National Labor Relations Board show a significant increase in the number of complaints by workers filed with the agency as compared to the previous year, reversing a five-year downward trend.


Memo
22-220
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


Memo
22-218
Thursday, November 17, 2022

The Supreme Court is considering legal challenges brought against two universities claiming that race-based considerations used in their admissions policies are unlawful. The cases are the first that the High Court has heard in many years on the lega


Memo
22-219
Thursday, November 17, 2022

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has announced that it intends to ask the Office of Management and Budget (OMB) for approval to continue collecting EEO-1 “Component 1” data for the next three years. The proposal


Memo
22-217
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


Memo
22-216
Monday, November 14, 2022

Now that OFCCP is requiring federal contractors to post the EEOC’s new “Know Your Rights” poster, we thought it would be helpful to update our guide on all current OFCCP posting requirements.


Memo
22-214
Thursday, November 10, 2022

MEMBER FEEDBACK REQUESTED. The EEOC’s proposed new five-year Strategic Plan is largely consistent with previous plans, although there are some notable changes. The agency is inviting public feedback, and CWC intends to file comments by the December 5


Memo
22-215
Thursday, November 10, 2022

The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s


Memo
22-213
Tuesday, November 8, 2022

As is often the case, OFCCP announced a large batch of financial settlements negotiated during the last month of its fiscal year ending on September 30. Our memo provides a brief summary of each settlement.


Memo
22-212
Tuesday, November 8, 2022

The recently issued white paper prepared by the White House Office of Science and Technology Policy contains five basic principles that regulators are encouraged to follow in addressing potential abuses regarding the use of Artificial Intelligence.


Memo
22-211
Monday, November 7, 2022

A bill approved by the House of Representatives before lawmakers recessed for the elections would expand whistleblower retaliation protection for employees of the federal government. Such measures sometimes set a precedent for possible changes to the


Memo
22-210
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.


Memo
22-209
Wednesday, November 2, 2022

MEMBER FEEDBACK REQUESTED. Our latest update covers important state and local workplace compliance developments that have occurred since our last update in September.


Memo
22-208
Wednesday, November 2, 2022

In response to recent developments regarding the public disclosure of EEO-1 data, CWC has revised the confidentiality disclaimer that we include on our model self-identification form.


Memo
22-207
Tuesday, November 1, 2022

As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos


Memo
22-206
Monday, October 31, 2022

CWC’s eighth annual “TACS” featured more than 10 hours of substantive presentations, facilitated discussions, and small-group sessions covering the latest legal, regulatory, and policy developments affecting recruitment and selection.


Memo
22-205
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.


Memo
22-204
Wednesday, October 26, 2022

The Biden Administration has taken additional steps to implement a new “Trans-Atlantic Data Privacy Framework” that was negotiated with the European Union in an attempt to resolve EU concerns that U.S. data protection safeguards are inadequate.


Memo
22-202
Tuesday, October 25, 2022

We expected the Biden Administration’s Labor Department to be more aggressive in filing formal OFCCP-related administrative lawsuits, but that hasn’t been the case until now. Things may be changing, however, as our memo explains.


Memo
22-203
Tuesday, October 25, 2022

CWC’s written comments to the Department of Homeland Security argue that two years of positive experience by employers is more than enough to justify making permanent the current temporary policy of allowing I-9 verifications to be completed remotely


Memo
22-201
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.


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