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.
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.
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.
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
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
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
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.
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
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
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,
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
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.
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.
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
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
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
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
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.
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
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.
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.
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
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
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
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.