EEOC

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
24-092
Wednesday, May 29, 2024

In a heads up to all entities that are required to file annual EEO-1 reports, the Equal Employment Opportunity Commission has sued 15 employers for failure to comply.


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
24-080
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
24-071
Tuesday, April 23, 2024

CWC’s written comments to the EEOC agree that its recently revised procedural regulations are consistent with changes required by enactment of the Pregnant Workers Fairness Act. At the same time, we express concern that the agency finalized the regul


Memo
24-068
Thursday, April 18, 2024

CWC WEB WORKSHOP on April 30, 2024. The EEOC, over the objection of two of its Commissioners, has issued final regulations interpreting the Pregnant Workers Fairness Act, giving the law an expansive reading that is almost certain to be challenged in


Memo
24-060
Thursday, April 4, 2024

CWC WEB WORKSHOP ON THURSDAY, APRIL 11. The White House Office of Management and Budget has revised the standards that federal agencies use to collect race/ethnicity data, and it will take some time before the changes are incorporated into collection


Memo
24-056
Wednesday, March 27, 2024

Following the EEOC’s announcement that the filing season for 2023 EEO-1 Reports will begin on April 30, 2024, updated instructions recently posted to the agency’s EEO-1 Filing website indicate that there are no changes to the process used for filing


Memo
24-051
Thursday, March 21, 2024

The Equal Employment Opportunity Commission, in a likely sign that it is getting ready to reinstate a pay data collection requirement, has released to the public a new Data Dashboard allowing users to review and sort aggregate EEO-1 “Component 2” pay


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
24-039
Wednesday, February 28, 2024

The Equal Employment Opportunity Commission has announced that the filing period for the mandatory Component 1 EEO-1 Reports covering 2023 employment data is scheduled to open on April 30, 2024, and run for five weeks until June 4. Filing specifics h


Memo
24-033
Wednesday, February 21, 2024

A 2015 federal law requires agencies to increase civil penalties for violations every year to account for inflation. The Labor Department and other workplace enforcement agencies recently announced how much their fines are going up in 2024.


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
23-239
Tuesday, December 19, 2023

Historical EEO-1s downloaded by filers in conjunction with this year’s EEO-1 filing season may contain a significant database display error. Our memo describes the issue and how to respond.


Memo
23-236
Thursday, December 14, 2023

The Biden Administration’s latest regulatory agenda lists several new items added by the EEOC, while indicating that OFCCP has hit the pause button on several previously listed items of interest to federal contractors.


Memo
23-228
Tuesday, December 5, 2023

The White House Office of Management and Budget has modified its prior one-year approval of the EEOC’s request to extend “Component 1” of the annual Employer Information (EEO-1) Report for an additional two years, or until November 30, 2026.


Memo
23-224
Tuesday, November 28, 2023

In a last minute deal to avoid a government shutdown, Congress set aside its partisan differences and agreed to temporarily keep the lights on at current funding levels for most agencies until February 2 of next year.


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
23-216
Thursday, November 9, 2023

MEMBER FEEDBACK REQUESTED. The EEOC’s changes to the EEO-1 filing procedures this year have generated a lot of questions from filers, and in response the agency has issued extensive online guidance (including an astonishing 93 pages of FAQs!). Becaus


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