Title VII/Section 1981

Memo
24-157
Wednesday, September 18, 2024

Although rarely invoked, the appeals court applied the doctrine of “equitable tolling” in this case to extend the deadline for filing a charge with the EEOC based on the agency’s incompetence in handling the charging party’s inquiries.


Memo
24-144
Wednesday, August 28, 2024

The appeals court found that an employee claiming religious discrimination under Title VII could not connect his actions to his beliefs.


Memo
24-127
Wednesday, July 31, 2024

The appeals court has ruled that a federal law that prevents intentional discrimination based on race also protects U.S. citizens when they claim that they were discriminated against in favor of nonimmigrant visa holders.


Memo
24-123
Wednesday, July 24, 2024

A recent settlement involving an employer and the EEOC underscores the risk an employer incurs when it questions whether an employee who asks for a religious accommodation has sincerely held religious beliefs.


Memo
24-098
Tuesday, June 11, 2024

In a decision involving a discrimination claim by a federal employee, the EEOC has taken the position that an employer violates Title VII by maintaining a health plan that excludes coverage for gender-affirming treatment.


Memo
24-095
Monday, June 3, 2024

The Republican Attorneys General in a number of states, led by Tennessee, have filed lawsuits claiming among other things that the structure of the Equal Employment Opportunity Commission is unconstitutional.


Memo
24-092
Wednesday, May 29, 2024

In a heads up to all entities that are required to file annual EEO-1 reports, the Equal Employment Opportunity Commission has sued 15 employers for failure to comply.


Memo
24-085
Monday, May 20, 2024

As we predicted, a lawsuit has been filed by the Republican Attorneys General of 18 separate states challenging the EEOC’s new anti-harassment guidance and its SOGI discrimination provisions.


Memo
24-082
Tuesday, May 14, 2024

A bill that would outlaw pre-dispute arbitration of age discrimination claims has cleared a key U.S. Senate Committee on a bipartisan vote, paving the way for possible enactment later this year.


Memo
24-080
Thursday, May 9, 2024

The EEOC has filed a rare friend-of-the-court brief in a federal district court case arguing that an AI software vendor can be liable under federal anti-discrimination laws if the use of its product by an employer allegedly discriminates against a pr


Memo
24-069
Monday, April 22, 2024

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof on an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act.


Memo
24-057
Tuesday, April 2, 2024

A recent ruling by a federal appeals court underscores the importance of operating DEI programs within the law.


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
23-239
Tuesday, December 19, 2023

Historical EEO-1s downloaded by filers in conjunction with this year’s EEO-1 filing season may contain a significant database display error. Our memo describes the issue and how to respond.


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
23-205
Wednesday, October 25, 2023

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


Memo
23-200
Monday, October 16, 2023

CWC has filed written comments with the Equal Employment Opportunity Commission on the agency’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act. While we support many of the proposed provisions as consistent with


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
23-171
Wednesday, August 30, 2023

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


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
23-165
Tuesday, August 22, 2023

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


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
23-144
Wednesday, July 19, 2023

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.


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.


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