MEMBER FEEDBACK REQUESTED. The issuance of so-called Commissioner charges by the individual EEOC Commissioners took a big jump last year, with no clear indication as to why. Our memo explains what a Commissioner charge is, and its implications for an
An employee who fails to timely report allegations of sexual harassment as required by an employer’s policy does not engage in Title VII protected activity, according to the Seventh Circuit Court of Appeals.
The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and
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.
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
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.
MEMBER ROUNDTABLE SCHEDULED. The Supreme Court’s recent ruling overturning the nearly 50-year-old Roe v. Wade decision is prompting questions from our members regarding how new abortion restrictions might intersect with their workplace compliance obl
The influential federal appeals court has overturned its own precedent by ruling that an employee who claimed she was denied a job transfer based on her sex in violation of Title VII does not also have to show that the denial resulted in “objectively
The Labor Department’s Administrative Review Board has reversed a ruling by an agency administrative law judge that found in favor of OFCCP, concluding that the ALJ used the wrong legal analyses when he held that a federal contractor committed hiring
A ruling by the Third Circuit finding that the Postal Service did not discriminate by failing to provide a religious accommodation to an employee who refused to work on Sundays could serve as the vehicle for the Supreme Court to revisit Title VII’s r
Although a bill recently approved by the House of Representatives that bans discrimination based on a person’s hairstyle probably will not be enacted this year, trend lines suggest that it’s only a matter of time before it becomes law.
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.
The Equal Employment Opportunity Commission has announced that it will no longer accept so-called “Type 6” establishment records for the upcoming 2021 EEO-1 Report filing season. EEO-1 filers with establishments employing fewer than 50 employees will
Employers required to file annual EEO-1 reports will be able to file their 2021 EEO-1s with the Equal Employment Opportunity Commission beginning on April 12, 2022, according to an announcement posted recently by the agency.
As expected, OFCCP has published a proposal to rescind regulations issued at the end of the Trump Administration that broadened the religious exemption under E.O. 11246.
In response to COVID-19 vaccine mandates, the Biden Administration has issued a number of templates designed to provide employers with guidance on responding to religious and disability accommodation requests. The templates raise questions, however,
The Equal Employment Opportunity Commission has updated its guidance for employers on how their policies in response to the coronavirus pandemic interact with federal EEO laws. The revisions focus primarily on clarifying guidance previously provided.
The state of Texas has filed a lawsuit in federal court challenging the EEOC’s new guidance on sexual orientation and gender identity discrimination on grounds that it is procedurally defective and exceeds the agency’s authority.
Legislation to require employers to accommodate certain pregnancy-related limitations cleared a key hurdle last week, taking it one step closer to enactment within the coming weeks.
OFCCP is asking for approval from the government’s paperwork reduction watchdog to begin using two new desk audit scheduling letters, one focused on a federal contractor’s promotion practices and the other on a contractor’s accommodation practices.
Finalizing a rule originally proposed in 2019, OFCCP has revised its E.O. 11246 regulations regarding the E.O.’s exemption for religious organizations and entities. The new rule should have no direct impact on the vast majority of CWC members.
Executive Order 13950 barring a covered federal contractor from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating” also includes a notice requirement. The text
Our comments to OFCCP in response to its Request for Information on training programs that might violate President Trump’s recently issued Executive Order 13950 stress both the commitment of CWC members to the principle and practice of equal employme
The EEOC is proposing revisions to its guidance on religious discrimination under Title VII, most of which is on exceptions to coverage that does not directly impact CWC members. CWC is considering whether to comment and would like to hear from you.
OFCCP has issued a new rule codifying into regulations the process used by the agency to notify a federal contractor of alleged material violations discovered during a compliance audit. As explained in our memo, the final rule helpfully addresses con
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