ADEA

Each year our staff prepare hundreds of memos, guides and templates, legal briefs, comment letters, and policy papers to help our members understand and manage their workplace requirements and risks, and to help advance the sensible regulation of the U.S. workplace.
Memo
22-068
Monday, April 11, 2022

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.


Memo
21-229
Monday, November 22, 2021

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.


Memo
20-209
Wednesday, October 21, 2020

The EEOC has finalized revisions to its procedural regulations first proposed in 2019 that will now specifically allow an individual to file a discrimination charge with the agency online. As our memo explains, the revised regulations essentially ado


Memo
20-207
Monday, October 19, 2020

As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may


Memo
20-202
Monday, October 12, 2020

The EEOC is proposing changes to the process it follows to informally settle discrimination charges which, if implemented, should bring more consistency and thus better results when conciliation occurs. CWC plans to file comments supporting the chang


Memo
20-193
Monday, September 28, 2020

The U.S. Senate last week finally voted to confirm President Trump’s three pending nominees to the Equal Employment Opportunity Commission, thus ensuring a Republican majority on the EEOC until at least 2022.


Memo
20-167
Friday, August 28, 2020

Several rulings by the U.S. Supreme Court this past term favored religious rights, although the effect on most private sector employers was negligible. Nevertheless, the Court sent out signals that it may be getting ready to revisit the standard unde


Memo
20-163
Friday, August 21, 2020

Sometimes when ruling on a motion to compel arbitration, a court can be faced with questions of whether the parties actually agreed to arbitrate the dispute. In this case, the influential appeals court has set out a clear rule that when this happens,


Memo
20-166
Friday, August 21, 2020

The Equal Employment Opportunity Commission voted earlier this week to issue a proposal to revise the agency’s regulations governing the process under which the EEOC attempts to resolve discrimination charges informally. Based on a summary of the pro


Memo
20-149
Friday, July 31, 2020

In a case of first impression, the Tenth Circuit federal appeals court has ruled that a group of female plaintiffs can bring a valid lawsuit under Title VII alleging discrimination on the basis of “sex-plus-age.” The case is also noteworthy


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


Memo
20-136
Friday, July 10, 2020

The EEOC has rolled out two new nationwide pilot programs making adjustments in the agency’s conciliation process and mediation program, both containing features that are consistent with reforms for which CWC has long advocated.


Memo
20-116
Friday, June 12, 2020

President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their


Memo
20-110
Friday, June 5, 2020

Although the EEOC has the authority to issue formal opinion letters in response to inquiries as to how the laws it enforces apply to a particular situation, that authority has been used only rarely, at least until now. The decision by the Commissione


Memo
20-101
Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m


Memo
20-058
Friday, March 27, 2020

The most recent federal court statistics, covering the period October 1, 2018, through September 30, 2019, show that except for lawsuits filed under the Family and Medical Leave Act (FMLA), all employment-related categories showed a decrease in the n


Memo
20-026
Friday, February 7, 2020

Final enforcement data released by the EEOC covering the past fiscal year show fewer discrimination charges are being filed with the agency. Retaliation allegations continue to be the most common complaint.


Memo
20-027
Friday, February 7, 2020

The potential of the coronavirus outbreak becoming a more immediate health risk in the U.S. and its effect on the increasing mobility of an international workforce has raised understandable concerns. Our memo provides guidance on things that employer


Memo
20-011
Friday, January 17, 2020

Adding to the growing list of major employment law changes approved since the beginning of last year, the new Democrat majority in the House passed a bill this week that would make it easier for a plaintiff to prove a discrimination claim.


Memo
19-255
Friday, December 13, 2019

The EEOC’s most recent enforcement numbers show that the agency made significant progress in reducing its pending charge backlog to the lowest level in 13 years.


Memo
19-242
Friday, November 22, 2019

The EEOC has so far rescinded 19 Commission-approved policy guidance documents that have been superseded by statute or Supreme Court rulings, or simply are not relevant anymore, all ostensibly in response to instructions from the Administration to ge


Memo
19-173
Friday, August 23, 2019

With Members of the House out of D.C. on their summer recess, we thought it would be a good time to reflect on how the recently-elected Democratic majority has followed through on its goal of making major changes to federal employment laws. As our me


Memo
19-108
Friday, May 31, 2019

The decision by the court in this case adopts the liberal standard for asserting an unlawful retaliation claim articulated by the U.S. Supreme Court in its landmark 2006 ruling in BNSF v. White. Since that case was decided, retaliation claims have ba


Memo
19-062
Friday, March 29, 2019

The latest data on annual federal court lawsuit filings show that employment-related lawsuits once again fall within a consistent range, although lawsuits filed under the Americans with Disabilities Act are an outlier as they continue to increase.


Memo
19-028
Friday, February 8, 2019

The full appeals court has ruled that the Age Discrimination in Employment Act does not permit non-employee applicants to bring a valid disparate impact claim under that law, and thus becomes the second federal appeals court to reach that conclusion.


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