EEOC

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
22-219
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
22-214
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
22-210
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
22-205
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
22-196
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


Memo
22-195
Wednesday, October 12, 2022

CWC’s written comments to the EEOC offer recommendations for issues to include as the agency develops the documents that will guide its enforcement and policy priorities over the next several years.


Memo
22-191
Monday, October 10, 2022

The fourth virtual roundtable held in conjunction with the joint “HIRE” initiative launched by the EEOC and OFCCP earlier this year featured presentations by a panel of witnesses pointing out potential discriminatory barriers created by employers’ us


Memo
22-187
Tuesday, October 4, 2022

As has become the norm, Congress failed to reach agreement on final government spending levels for Fiscal Year 2023, which began on October 1, instead opting to temporarily fund government operations at FY 2022 levels through December 16. As a result


Memo
22-186
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.


Memo
22-184
Tuesday, September 27, 2022

As President Biden nears the halfway point of his first term, most of his nominations to serve in key workplace enforcement agency positions have been confirmed by the U.S. Senate. There are a few important slots that still await action, however, as


Memo
22-180
Wednesday, September 21, 2022

OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.


Memo
22-178
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


Memo
22-176
Monday, September 19, 2022

A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.


Memo
22-164
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


Memo
22-162
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.


Memo
22-161
Monday, August 29, 2022

Given the ongoing interest among our members regarding the collection of non-binary gender data, we’ve assembled the most common FAQs we receive on the topic into a memo that summarizes where the issue stands today.


Memo
22-147
Monday, August 8, 2022

WEB WORKSHOP SCHEDULED. A National Academies of Sciences panel commissioned by the EEOC to analyze the “Component 2” pay and hours-worked data collected in 2017 and 2018 has issued its report. Our memo summarizes the panel’s findings.


Memo
22-141
Tuesday, July 26, 2022

A federal trial court has ruled that the EEOC’s expanded sexual orientation/gender identity guidance cannot be enforced against 20 different states that brought a lawsuit alleging that the guidance exceeds the EEOC’s authority.


Memo
22-140
Tuesday, July 26, 2022

MEMBER FEEDBACK REQUESTED. The EEOC has posted the latest update to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws FAQs.


Memo
22-137
Tuesday, July 19, 2022

An individual who files a discrimination charge with the EEOC or who makes a charge inquiry through the agency’s online portal now has the option of using a non-binary identification marker.


Memo
22-135
Monday, July 18, 2022

Our memo provides the latest information regarding the “HIRE” initiative, a joint effort between the EEOC and OFCCP launched last January that is designed to “identify strategies to remove unnecessary barriers to hiring and to promote effective, job-


Memo
22-113
Tuesday, June 14, 2022

According to two new independent survey studies published by the EEOC, one involving mediation program participants and the other involving EEOC mediators, the agency’s switch to virtual mediation is in many cases now viewed by both as preferable to


Memo
22-107
Monday, June 6, 2022

The White House announced that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to be the EEOC’s new General Counsel, a position that has been vacant for the last 15 months.


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