Discrimination and Harassment

Memo
24-184
Thursday, October 31, 2024

A federal court has temporarily blocked OFCCP from administrative enforcement of claims of discriminatory hiring reasoning that OFCCP’s administrative enforcement regime is likely unconstitutional.


Memo
24-177
Tuesday, October 22, 2024

Data released recently by the U.S. Department of Labor show that the number of new complaints filed with the agency by military service members under the USERRA for fiscal year 2023 dipped slightly, but are still near historic highs.


Memo
24-173
Wednesday, October 16, 2024

CWC is pleased to present an updated version of our primer on workplace harassment prevention and risk mitigation strategies. Our checklist can help employers organize their policies and practices.


Memo
24-170
Thursday, October 10, 2024

The Supreme Court has agreed to hear several cases during its upcoming term which could impact employment law compliance. Our memo provides a summary.


Memo
24-160
Wednesday, September 25, 2024

We are pleased to provide an updated version of this popular CWC resource.


Memo
24-159
Monday, September 23, 2024

Continuing its focus on diversity within the high tech workforce and the high tech sector itself, the EEOC has issued another report concluding that women and minorities are still underrepresented.


Memo
24-157
Wednesday, September 18, 2024

Although rarely invoked, the appeals court applied the doctrine of “equitable tolling” in this case to extend the deadline for filing a charge with the EEOC based on the agency’s incompetence in handling the charging party’s inquiries.


Memo
24-144
Wednesday, August 28, 2024

The appeals court found that an employee claiming religious discrimination under Title VII could not connect his actions to his beliefs.


Memo
24-127
Wednesday, July 31, 2024

The appeals court has ruled that a federal law that prevents intentional discrimination based on race also protects U.S. citizens when they claim that they were discriminated against in favor of nonimmigrant visa holders.


Memo
24-123
Wednesday, July 24, 2024

A recent settlement involving an employer and the EEOC underscores the risk an employer incurs when it questions whether an employee who asks for a religious accommodation has sincerely held religious beliefs.


Memo
24-106
Monday, June 24, 2024

Federal district courts have reached different conclusions in assessing challenges to controversial parts of the EEOC’s regulations implementing the Pregnant Workers Fairness Act. Our memo explains.


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
24-086
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
24-082
Tuesday, May 14, 2024

A bill that would outlaw pre-dispute arbitration of age discrimination claims has cleared a key U.S. Senate Committee on a bipartisan vote, paving the way for possible enactment later this year.


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
24-069
Monday, April 22, 2024

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof on an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act.


Memo
24-059
Wednesday, April 3, 2024

In another recent example of how diversity-related initiatives are under increasing legal challenge, a federal district court in Texas has ruled that the MBDA, an agency within the U.S. Department of Commerce, discriminates on the basis of race, and


Memo
24-057
Tuesday, April 2, 2024

A recent ruling by a federal appeals court underscores the importance of operating DEI programs within the law.


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
24-032
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.


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