Title VII/Section 1981

Memo
22-224
Tuesday, November 29, 2022

As CWC predicted, the U.S. Congress has given final approval to the so-called Speak Out Act, a bill that bars enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is


Memo
22-162
Monday, August 29, 2022

The ruling by the federal appeals court offers guidance on the burden of proof scheme adopted by the U.S. Supreme Court in its landmark Young v. UPS decision interpreting the Pregnancy Discrimination Act.


Memo
22-128
Thursday, July 7, 2022

MEMBER ROUNDTABLE SCHEDULED. The Supreme Court’s recent ruling overturning the nearly 50-year-old Roe v. Wade decision is prompting questions from our members regarding how new abortion restrictions might intersect with their workplace compliance obl


Memo
22-121
Tuesday, June 28, 2022

The influential federal appeals court has overturned its own precedent by ruling that an employee who claimed she was denied a job transfer based on her sex in violation of Title VII does not also have to show that the denial resulted in “objectively


Memo
22-118
Tuesday, June 21, 2022

The Labor Department’s Administrative Review Board has reversed a ruling by an agency administrative law judge that found in favor of OFCCP, concluding that the ALJ used the wrong legal analyses when he held that a federal contractor committed hiring


Memo
22-108
Tuesday, June 7, 2022

A ruling by the Third Circuit finding that the Postal Service did not discriminate by failing to provide a religious accommodation to an employee who refused to work on Sundays could serve as the vehicle for the Supreme Court to revisit Title VII’s r


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
22-068
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
22-006
Tuesday, January 11, 2022

The Equal Employment Opportunity Commission has announced that it will no longer accept so-called “Type 6” establishment records for the upcoming 2021 EEO-1 Report filing season. EEO-1 filers with establishments employing fewer than 50 employees will


Memo
22-002
Wednesday, January 5, 2022

Employers required to file annual EEO-1 reports will be able to file their 2021 EEO-1s with the Equal Employment Opportunity Commission beginning on April 12, 2022, according to an announcement posted recently by the agency.


Memo
21-223
Monday, November 15, 2021

As expected, OFCCP has published a proposal to rescind regulations issued at the end of the Trump Administration that broadened the religious exemption under E.O. 11246.


Memo
21-216
Thursday, November 4, 2021

In response to COVID-19 vaccine mandates, the Biden Administration has issued a number of templates designed to provide employers with guidance on responding to religious and disability accommodation requests. The templates raise questions, however,


Memo
21-205
Monday, October 18, 2021

The Equal Employment Opportunity Commission has updated its guidance for employers on how their policies in response to the coronavirus pandemic interact with federal EEO laws. The revisions focus primarily on clarifying guidance previously provided.


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
21-157
Tuesday, August 10, 2021

Legislation to require employers to accommodate certain pregnancy-related limitations cleared a key hurdle last week, taking it one step closer to enactment within the coming weeks.


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
20-253
Monday, December 28, 2020

Finalizing a rule originally proposed in 2019, OFCCP has revised its E.O. 11246 regulations regarding the E.O.’s exemption for religious organizations and entities. The new rule should have no direct impact on the vast majority of CWC members.


Memo
20-200
Monday, December 21, 2020

Executive Order 13950 barring a covered federal contractor from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating” also includes a notice requirement. The text


Comments and Testimony
20-242
Wednesday, December 9, 2020

Our comments to OFCCP in response to its Request for Information on training programs that might violate President Trump’s recently issued Executive Order 13950 stress both the commitment of CWC members to the principle and practice of equal employme


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
20-226
Wednesday, November 11, 2020

OFCCP has issued a new rule codifying into regulations the process used by the agency to notify a federal contractor of alleged material violations discovered during a compliance audit. As explained in our memo, the final rule helpfully addresses con


Memo
20-221
Thursday, November 5, 2020

The EEOC has approved a revised Memorandum of Understanding with OFCCP and the Justice Department aimed at improving interagency coordination efforts regarding enforcement of the federal civil rights laws.


Memo
20-209
Wednesday, October 21, 2020

The EEOC has finalized revisions to its procedural regulations first proposed in 2019 that will now specifically allow an individual to file a discrimination charge with the agency online. As our memo explains, the revised regulations essentially ado


Memo
20-207
Monday, October 19, 2020

As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may


Memo
20-205
Thursday, October 15, 2020

A “Consent Decree” recently negotiated between the EEOC and Walmart under which the company will pay $20 million settles a lawsuit brought by the agency challenging application of a physical ability test that the EEOC claims discriminated against wom


No content found


© 2021 by Center for Workplace Compliance. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at info@cwc.org or 202-629-5655.