Discrimination and Harassment

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.


Memo
24-024
Tuesday, February 6, 2024

The EEOC’s new initiative is designed to implement one of the priorities included in the agency’s recently adopted five-year Strategic Enforcement Plan.


Memo
24-021
Wednesday, January 31, 2024

A recent $6 million employment class discrimination settlement involving the federal Consumer Financial Protection Bureau, an enforcement agency with jurisdiction over many CWC members, serves as confirmation of the old adage “do as we say, not as we


Memo
24-013
Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.


Memo
23-235
Wednesday, December 13, 2023

This ruling by a federal appeals court serves as a useful reminder that it may be wise to withhold information about job applicants’ race and gender from recruiters and hiring officials in the early stages of the talent acquisition process.


Memo
23-218
Tuesday, November 14, 2023

The U.S. Senate has narrowly approved President Biden’s nomination of current EEOC Chair Charlotte Burrows to serve another five-year term on the Equal Employment Opportunity Commission, putting Democrats in control of the EEOC until at least 2026.


Memo
23-214
Tuesday, November 7, 2023

Our comments to the EEOC on its proposed new guidance on unlawful workplace harassment commend the agency for its effort to reflect changes in law and policy that have occurred in recent years, but also express concerns about proposed policy interpre


Memo
23-210
Wednesday, November 1, 2023

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce a new online training resource designed to help our members understand the requirements of the recently enacted Pregnant Workers Fairness Act.


Memo
23-209
Tuesday, October 31, 2023

The Supreme Court’s landmark race-based college admissions ruling in Harvard/UNC implicated “Title VI” of the 1964 Civil Rights Act. So, what is Title VI, who does it cover, and what is its relationship to the more familiar Title VII? CWC’s primer ex


Memo
23-205
Wednesday, October 25, 2023

CWC is pleased to present an updated version of our primer on workplace harassment prevention and risk mitigation strategies.


Memo
23-203
Thursday, October 19, 2023

Nearly a year and a half after President Biden originally nominated her for the position, the U.S. Senate has confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission.


Memo
23-199
Wednesday, October 11, 2023

MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has proposed updated anti-harassment guidance for private sector employers, reflecting legal and societal changes that have occurred since the 1990s. CWC will be commenting on the


Memo
23-197
Tuesday, October 10, 2023

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
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.


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