As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ
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...
The appeals court found that a company policy that required employees to have permanent work authorization did not intentionally discriminate against a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program in violation of “Section
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.
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
As the EEOC awaits approval from the White House Office of Management and Budget to continue using the “Component 1” EEO-1 Report, it has confirmed that the 2022 EEO-1 filing season will not begin until sometime this fall.
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.
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
The Supreme Court has ruled that an employer must be able to show that a requested religious accommodation under Title VII will result in substantial cost to its business before the employer can deny the accommodation.
Equal Employment Opportunity Commission Chair Charlotte Burrows has issued a report claiming there is pervasive harassment and discrimination in hiring practices and apprenticeships within the U.S. construction industry that are working to exclude wo
Goldman Sachs and a class of nearly 3,000 plaintiffs have reached a settlement in a pay discrimination case that was originally filed back in 2010. The multimillion-dollar settlement amount is one of the highest we’ve ever seen.
In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the EEOC has settled charges with the operator of a job search website accused of running job postings
MEMBER FEEDBACK REQUESTED. The issuance of so-called Commissioner charges by the individual EEOC Commissioners took a big jump last year, with no clear indication as to why. Our memo explains what a Commissioner charge is, and its implications for an
An employee who fails to timely report allegations of sexual harassment as required by an employer’s policy does not engage in Title VII protected activity, according to the Seventh Circuit Court of Appeals.
The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and
Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.
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
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.
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
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
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
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
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.
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.
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
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