Discrimination and Harassment

Memo
25-043
Tuesday, March 4, 2025

EEOC Acting Chair Andrea Lucas has put employers on notice that the EEOC will make claims of national origin discrimination a priority if employers prefer alien workers.


Memo
25-040
Wednesday, February 26, 2025

The Eighth Circuit has allowed a group of states to proceed with a lawsuit concerning the EEOC’s interpretation of the PWFA that requires employers to reasonably accommodate employees seeking abortions.


Memo
25-034
Wednesday, February 19, 2025

The EEOC has asked several federal courts to dismiss lawsuits it brought last year alleging that employers violated Title VII after learning of an employee’s gender identity, reflecting a new policy toward considering such charges.


Memo
25-028
Tuesday, February 11, 2025

The EEOC has already taken several steps to comply with Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, including rescinding several guidance documents.


Memo
25-024
Wednesday, February 5, 2025

CWC held a members-only roundtable on January 29 to explain the ramifications of President Trump’s new executive order that rescinded long-standing Executive Order 11246.


Memo
25-019
Thursday, January 30, 2025

President Trump has fired three Senate-confirmed Democrats from the Equal Employment Opportunity Commission: the agency’s General Counsel, Karla Gilbride, and Commissioners Charlotte Burrows and Jocelyn Samuels. None of the officials have yet indicat


Memo
25-017
Monday, January 27, 2025

Annual data released by the EEOC shows continued above average use of “Commissioner charges” prompting discrimination investigations in the absence of charges filed by alleged victims.


Memo
25-004
Thursday, January 9, 2025

The EEOC and OFCCP have renewed their long-standing Memorandum of Understanding governing information sharing and charge processing, with some important revisions. Our memo explains.


Memo
25-002
Monday, January 6, 2025

The EEOC released a new fact sheet identifying several ways federal equal employment opportunity laws may apply to employers who collect and use information from wearable devices.


Memo
24-207
Tuesday, December 17, 2024

A federal district court ruled that the Naval Academy’s use of race in admissions is constitutional, distinguishing the case from last year’s landmark Supreme Court decision in Harvard.


Memo
24-203
Monday, December 9, 2024

OFCCP recently published a guide to help construction contractors understand and prevent harassment in the workplace. Much of the information provided in the FAQ-style guide is applicable to all employers.


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.


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