Discrimination and Harassment

Memo
22-107
Monday, June 6, 2022

The White House announced that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to be the EEOC’s new General Counsel, a position that has been vacant for the last 15 months.


Memo
22-106
Thursday, June 2, 2022

In the wake of the omnibus infrastructure legislation approved by Congress in late 2021, and the prospects of increased construction industry employment, the EEOC turned its attention recently to airing opinions on how discrimination and harassment a


Memo
22-072
Wednesday, April 13, 2022

President Biden has nominated plaintiffs’ lawyer Kalpana Kotagal to fill the EEOC Commissioner slot currently held by Janet Dhillon, whose term expires in July. If confirmed by the U.S. Senate, Ms. Kotagal will give Democrats the majority on the five


Memo
22-068
Monday, April 11, 2022

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.


Memo
22-008
Wednesday, January 12, 2022

A new law that prohibits federal contractors from asking job applicants about their criminal histories went into effect on December 20, 2021, but the government has yet to issue implementing regulations.


Memo
21-229
Monday, November 22, 2021

A bill recently passed by the U.S. House of Representatives would allow job applicants to sue for disparate impact discrimination under the Age Discrimination in Employment Act.


Memo
21-209
Wednesday, October 27, 2021

In conjunction with the end of its fiscal year on September 30, OFCCP recently announced nine new financial settlements resolving discrimination allegations brought by the agency against federal contractors. Our memo provides a summary.


Memo
21-198
Monday, October 11, 2021

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.


Memo
21-077
Tuesday, April 13, 2021

In this second part of our memo on drafting an effective EEOC position statement, we focus on drafting the statement itself, as well as offer practical pointers to help ensure that the statement is in fact effective.


Memo
21-074
Wednesday, April 7, 2021

The “position statement” an employer files with the EEOC in response to a discrimination charge can be influential in determining the ultimate outcome of the dispute. Part I of our two-part memo lays the groundwork for preparing an effective position


Memo
21-072
Monday, April 5, 2021

Although it’s been nearly 50 years since Congress approved the Equal Rights Amendment, the question of whether a sufficient number of states have ratified the amendment remains unresolved. Our memo explains.


Memo
21-065
Wednesday, March 24, 2021

Earlier this year, New Jersey enacted a comprehensive new law legalizing the recreational use of marijuana in the state. Among other things, the law forbids a covered employer from discriminating against its employees – including those in safety sens


Memo
21-051
Monday, March 8, 2021

In the first of a host of major employment-related bills expected to be brought up by Democratic leaders in the House of Representatives in coming weeks, a largely partisan House majority has approved the Equality Act, far reaching legislation that w


Memo
21-025
Tuesday, February 2, 2021

In former Chair Janet Dhillon’s last week in charge, the Equal Employment Opportunity Commission adopted revisions to its guidance on religious discrimination under Title VII. The revisions, which became effective immediately, deal primarily with exc


Comments and Testimony
20-254
Monday, December 28, 2020

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.


Memo
20-234
Tuesday, November 24, 2020

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.


Memo
20-217
Monday, November 2, 2020

In the latest example of how the proliferation of state medical marijuana laws has made it more difficult for employers to enforce drug-free workplace policies, a federal court has ruled that an employee can sue for discrimination under Pennsylvania’


Memo
20-170
Friday, August 28, 2020

In a landmark ruling issued by the U.S. Supreme Court in 2008, the Court adopted a permissive standard that allows a wide range of documents to be classified as a valid EEOC charge. This recent appeals court ruling illustrates how the lower courts ap


Memo
20-167
Friday, August 28, 2020

Several rulings by the U.S. Supreme Court this past term favored religious rights, although the effect on most private sector employers was negligible. Nevertheless, the Court sent out signals that it may be getting ready to revisit the standard unde


Memo
20-165
Friday, August 21, 2020

On rehearing, the full appeals court reversed an earlier panel ruling that had allowed a retaliation suit filed under Title VII by an HR Manager to proceed.


Memo
20-151
Friday, July 31, 2020

In a major reversal of a controversial line of previous decisions, the National Labor Relations Board has ruled that it will no longer permit racist and sexist speech by workers in the name of protecting their rights under the National Labor Relation


Memo
20-149
Friday, July 31, 2020

In a case of first impression, the Tenth Circuit federal appeals court has ruled that a group of female plaintiffs can bring a valid lawsuit under Title VII alleging discrimination on the basis of “sex-plus-age.” The case is also noteworthy


Memo
20-128
Thursday, July 2, 2020

This important ruling out of Rhode Island’s Supreme Court provides helpful guidance on the right of an employer to discipline an employee who is under the influence of drugs on the job. It did not matter here that the plaintiff was an authorized medi


Memo
20-122
Friday, June 19, 2020

Settling a longstanding question as to the scope of Title VII’s protection, the High Court has ruled that the statute’s ban on discrimination because of sex encompasses discrimination based on sexual orientation and gender identity.


Memo
20-113
Friday, June 12, 2020

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) broadened the scope of who is protected as a “regarded as disabled” individual under the law. This case illustrates how that matters.


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