The influential D.C. Circuit Court of Appeals has rejected an attempt by a group of states arguing that the Equal Rights Amendment to the U.S. Constitution first proposed back in 1972 has been ratified. The ruling thus further constrains the already
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.
As expected, OFCCP has formally rescinded Trump-era regulations that broadened the religious exemption under Executive Order 11246. This action should have little direct impact on CWC members, however.
The Equal Employment Opportunity Commission’s recent public hearing on the discriminatory impacts of artificial intelligence in the employment context demonstrated both the EEOC’s increasing attention to and greater sophistication with the issue. The
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.
Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.
Congress has approved and sent to President Biden for his signature a bill that codifies the protections regarding same-sex marriages that were articulated earlier in two landmark U.S. Supreme Court rulings.
Our written comments to the Equal Employment Opportunity Commission on its draft “Strategic Plan” for 2022-2026 urge the agency to include metrics that will encourage quality charge investigations, with less emphasis on conducting resource-intensive
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
Janet Dhillon, one of three Republican Commissioners on the five-member EEOC, has resigned her seat, a few weeks earlier than her term would have ended anyway. The now evenly divided Commission means that the tactical advantage that Republicans have
The Government Accountability Office, the research arm of the U.S. Congress, has issued a report suggesting that on average the EEOC is doing an ok job in handling its discrimination charge processing duties, but that there are glaring inconsistencie
The Equal Employment Opportunity Commission filed 31 lawsuits in the last week of September alone, well above the agency’s ten-year average monthly total of 11 suits filed. Our memo provides a summary.
The EEOC has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that employers have used for years to meet EEOC and OFCCP notice requirements.
A bipartisan bill that would bar the use of pre-dispute nondisclosure agreements involving sexual assault or harassment claims has been approved by the U.S. Senate and could become law this year.
A federal district court in Texas has ruled that enforcement guidance issued last year by the EEOC in the wake of the Supreme Court’s landmark Bostock ruling finding that Title VII bars discrimination based on sexual orientation and gender identity i
The EEOC recently held its third and last “Listening Session” to solicit public input on development of the documents that will guide the agency’s enforcement priorities for the next few years. Our memo summarizes the session’s highlights.
The second of three public “listening sessions” scheduled by the EEOC to solicit input on developing a new road map for the next several years featured witnesses testifying on “Identifying Vulnerable Workers and Reaching Underserved Communities.” Our
MEMBER FEEDBACK REQUESTED: The EEOC has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” that will establish agency priorities for the next several years. CWC intends to weigh in with comments, and would like to
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.
Given the ongoing interest among our members regarding the collection of non-binary gender data, we’ve assembled the most common FAQs we receive on the topic into a memo that summarizes where the issue stands today.
A federal trial court has ruled that the EEOC’s expanded sexual orientation/gender identity guidance cannot be enforced against 20 different states that brought a lawsuit alleging that the guidance exceeds the EEOC’s authority.
An individual who files a discrimination charge with the EEOC or who makes a charge inquiry through the agency’s online portal now has the option of using a non-binary identification marker.
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
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