Discrimination and Harassment

Memo
23-191
Monday, October 2, 2023

Public comments made recently by a senior official at the Equal Employment Opportunity Commission that the PWFA’s coverage is not limited to women have prompted questions from our members to explain how. Our memo delves into the issue.


Memo
23-176
Wednesday, September 6, 2023

The Supreme Court of California has ruled that a third party vendor performing screening services on behalf of an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act.


Memo
23-169
Tuesday, August 29, 2023

The appeals court has ruled that a plaintiff does not need to show an “ultimate employment decision” such as discharge or failure to promote to bring a valid Title VII discrimination claim, putting the spotlight on a different case...


Memo
23-170
Tuesday, August 29, 2023

The Equal Employment Opportunity Commission has adopted a new five-year Strategic Plan, which is likely to be followed soon by the agency’s new five-year Strategic Enforcement Plan. Importantly, the new SEP will contain details on the new Democratic


Memo
23-162
Tuesday, August 15, 2023

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has proposed regulations to implement the recently enacted PWFA. The proposed regulations are not without controversy, however, as our memo explains.


Memo
23-151
Tuesday, August 1, 2023

MEMBER FEEDBACK REQUESTED. CWC’s new Talking Points guide on the Supreme Court’s landmark college admissions ruling is designed to assist you in educating internal stakeholders on what the Court said (and didn’t say), and what the ruling may mean for


Memo
23-142
Tuesday, July 18, 2023

Seizing upon the Supreme Court’s recent ruling barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter sent to Fortune 100 companies putting them on notice that their DEI practices a


Memo
23-140
Monday, July 17, 2023

For the first time since the Biden Administration assumed office, the Equal Employment Opportunity Commission will now operate with a Democratic majority following the Senate confirmation of plaintiffs’ lawyer Kalpana Kotagal to a vacant seat. CWC me


Memo
23-139
Thursday, July 13, 2023

The appeals court ruled that sexually derogatory music blasted constantly throughout a workplace can give rise to a Title VII sex discrimination claim, even if the music is offensive to both female and male employees.


Memo
23-135
Monday, July 10, 2023

Sign Up for Virtual Member Roundtable on July 12. The Supreme Court’s recently issued landmark ruling rejecting the use of race in the admissions policies of Harvard and the University of North Carolina has potential implications for corporate CD&I p


Memo
23-130
Wednesday, June 28, 2023

President Biden has nominated current Chair Charlotte Burrows to serve for another five-year term on the Equal Employment Opportunity Commission. Her nomination will require confirmation by the U.S. Senate.


Memo
23-128
Tuesday, June 27, 2023

Equal Employment Opportunity Commission Chair Charlotte Burrows has issued a report claiming there is pervasive harassment and discrimination in hiring practices and apprenticeships within the U.S. construction industry that are working to exclude wo


Memo
23-127
Monday, June 26, 2023

MEMBER FEEDBACK REQUESTED. CWC members are reminded that the PWFA goes into effect this week, and will require reasonable accommodation of known limitations related to pregnancy, childbirth, and related medical conditions.


Memo
23-121
Monday, June 19, 2023

Final charge filing statistics made available recently by the Equal Employment Opportunity Commission show a 20% increase in charges filed over the previous year, led by a five-fold jump in religious discrimination charges related to employers’ COVID


Memo
23-115
Thursday, June 8, 2023

Following up on its 2017 anti-harassment guidance for private sector employers, the EEOC has issued new anti-harassment guidance applicable to the public sector. CWC members may find it helpful as a reality check on their anti-harassment policies.


Memo
23-108
Tuesday, May 30, 2023

As part of its increasing focus on the use of artificial intelligence tools in the employment context, the Equal Employment Opportunity Commission has issued new guidance reminding employers that AI tools are subject to the same rules as other select


Memo
23-095
Thursday, May 11, 2023

In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the EEOC has settled charges with the operator of a job search website accused of running job postings


Memo
23-090
Thursday, May 4, 2023

The latest attempt by proponents to ratify the Equal Rights Amendment, which was proposed more than 50 years ago, is more a political statement than any expectation on their part that it would be approved.


Memo
23-064
Tuesday, March 28, 2023

According to the EEOC’s recently released FY 2022 annual performance report, the number of discrimination charges received by the agency increased by 20% last year, reversing a seven-year downward trend.


Memo
23-058
Wednesday, March 22, 2023

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


Memo
23-059
Wednesday, March 22, 2023

The influential D.C. Circuit Court of Appeals has rejected an attempt by a group of states arguing that the Equal Rights Amendment to the U.S. Constitution first proposed back in 1972 has been ratified. The ruling thus further constrains the already


Memo
23-057
Tuesday, March 21, 2023

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.


Memo
23-051
Wednesday, March 8, 2023

As expected, OFCCP has formally rescinded Trump-era regulations that broadened the religious exemption under Executive Order 11246. This action should have little direct impact on CWC members, however.


Memo
23-037
Tuesday, February 21, 2023

The Equal Employment Opportunity Commission’s recent public hearing on the discriminatory impacts of artificial intelligence in the employment context demonstrated both the EEOC’s increasing attention to and greater sophistication with the issue. The


Memo
23-022
Monday, January 30, 2023

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


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