All Publications and Memoranda

Memo
22-092
Thursday, May 12, 2022

The EEOC has announced that it will not accept 2021 EEO-1 report beyond June 21, 2022, a de facto extension of the May 17 filing deadline. In the meantime, there are still some issues that filers may want to consider before certifying their reports.


Memo
22-091
Wednesday, May 11, 2022

In a positive development for employers that have implemented telework policies in response to COVID-19, the U.S. Citizenship and Immigration Services agency has extended its temporary policy allowing remote inspection of I-9 documents until October


Memo
22-089
Tuesday, May 10, 2022

Although a bill recently approved by the House of Representatives that bans discrimination based on a person’s hairstyle probably will not be enacted this year, trend lines suggest that it’s only a matter of time before it becomes law.


Memo
22-090
Tuesday, May 10, 2022

Last year the EEOC entered into a pact along with the Labor Department and NLRB to aggressively go after allegations of unlawful retaliation. A recent court ruling suggests that the EEOC is taking this charge seriously.


Memo
22-088
Monday, May 9, 2022

OFCCP has announced only a handful of financial settlements since our last update in October, signaling that the agency may be less inclined to resolve allegations of discrimination than it was during the previous administration.


Memo
22-087
Thursday, May 5, 2022

A new mandate to include salary information in New York City job postings will likely be postponed and favorably amended, as our memo explains.


Memo
22-086
Tuesday, May 3, 2022

The Biden Administration has targeted alleged anti-competitive practices as an enforcement priority, and even though the Department of Justice recently lost two high profile criminal jury trials, there are no signs that it intends to back off.


Memo
22-085
Monday, May 2, 2022

The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r


Memo
22-084
Monday, May 2, 2022

On his first day in office, President Biden instructed all federal agencies to come up with a plan for overcoming barriers that underserved communities face in accessing the benefits and opportunities that might be available through that agency. Some


Memo
22-083
Monday, May 2, 2022

MEMBER FEEDBACK REQUESTED. CWC’s recent virtual member roundtable on OFCCP’s controversial pay equity audit directive involved a spirited discussion among the more than 50 member company participants. Our memo summarizes the highlights.


Memo
22-082
Thursday, April 28, 2022

Our comment letter to OFCCP on the agency’s proposal to revise the 2020 Trump-era Enforcement Rule argues that rather than creating greater efficiency as OFCCP claims, the proposal will instead create additional delays in resolving agency allegations


Memo
22-080
Wednesday, April 27, 2022

Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.


Memo
22-081
Wednesday, April 27, 2022

MEMBER FEEDBACK REQUESTED. CWC has filed a comment letter with OFCCP in general support of the agency’s announced intent to extend its Functional Affirmative Action Program for another three years, while recommending some minor revisions that we beli


Memo
22-079
Monday, April 25, 2022

For the second Congress in a row, the U.S. House of Representatives has passed legislation that would decriminalize marijuana under federal law. And for the second Congress in a row, the bill is unlikely to go anywhere in the U.S. Senate unless it ob


Memo
22-077
Thursday, April 21, 2022

MEMBER FEEDBACK REQUESTED. In anticipation of the May 24 filing deadline applicable to the first batch of employers subject to Illinois’ broad new pay reporting requirements, the state’s Department of Labor has posted a set of FAQs that address basic


Memo
22-076
Wednesday, April 20, 2022

Employers required to file EEO-1 reports for 2021 with the EEOC can now do so, although they won’t have much time. Our memo provides details.


Memo
22-075
Tuesday, April 19, 2022

MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration has published a proposed rule that would reinstate and expand electronic workplace injury and illness reporting requirements adopted during the Obama Administration but late


Memo
22-074
Monday, April 18, 2022

U.S. and European negotiators have reached agreement on a new framework that would allow the cross-border transfer of personal data consistent with strict EU data protection requirements. It is likely to be some time, however, before the framework is


Memo
22-073
Monday, April 18, 2022

The Labor Department’s Office of Federal Contract Compliance Programs has recalculated its annual percentage of veterans in the workforce, an annual measure used by the agency to evaluate a federal contractor’s affirmative action obligations under th


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
22-071
Tuesday, April 12, 2022

MEMBER FEEDBACK REQUESTED. The U.S. Citizenship and Immigration Services agency, as part of the periodic approval process required for renewal of government forms, is proposing some changes to the I-9 form designed to streamline it. We’d like to hear


Memo
22-070
Tuesday, April 12, 2022

California’s Department of Fair Employment and Housing has published a report summarizing at a high level pay data submitted to the agency in 2021 under the state’s new pay data reporting requirements.


Memo
22-069
Monday, April 11, 2022

Addressing an issue that has split the federal courts for almost 30 years, the Department of Justice has issued guidance taking the position that the public accommodations requirements of the Americans with Disabilities Act cover websites.


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
22-066
Thursday, April 7, 2022

Recent Guidelines issued by U.S. Attorney General Merrick Garland remind federal agencies that the Freedom of Information Act requires them to publicly disclose information they hold unless one of the law’s exemptions applies.


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