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Category: Agency Enforcement

OMB Delays Agencies’ Race And Ethnicity “Action Plans” To March 2027

The White House Office of Management and Budget has again extended the deadline for the EEOC and other federal agencies to submit their Agency Action Plans on Race and Ethnicity Data. Agency Action Plans are now due March 28, 2027. The deadline for agencies to bring data collections into compliance is September 28, 2029. The agency’s submission of their Agency Action...
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Category: Agency Enforcement

EEOC Voting Records Show Most Votes Bipartisan Since Quorum Restored

EEOC Commissioners have voted in a bipartisan manner in most substantive matters since the Commission regained a quorum in late October, new EEOC vote disclosures show. Through February 2026, the Commission has cast 35 votes, with only nine of their 27 substantive votes split along party lines. Media coverage has focused on policy differences among the Commissioners, but the voting record...
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Category: Agency Enforcement

DOL Seeks OMB Approval For National Worker Survey On FLSA Compliance

The Department of Labor has asked the White House Office of Management and Budget to approve a new National Worker Survey that could help it identify industry sectors to target for FLSA compliance. The survey would collect data from workers, with oversampling in low-wage industries, to estimate the prevalence of noncompliance with the Fair Labor Standards Act. OMB is accepting public comments...
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Category: Agency Enforcement

EEOC Chair Warns Fortune 500 on DEI and Title VII Compliance

EEOC Chair Andrea Lucas has sent a letter to all Fortune 500 companies reminding them that Title VII’s prohibition on race- and sex-based employment decisions fully applies to DEI initiatives. The February 26 letter emphasizes that employers must base employees’ hiring, promotion, training, and access to opportunities on job-related, merit-based criteria rather than protected characteristics, regardless of an initiative’s purpose....
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Category: Agency Enforcement

EEOC Federal Sector Decision Reinterprets Title VII Access to Sex Separated Workplace Facilities

The EEOC has issued a decision holding that Title VII permits federal agencies to maintain sex-designated bathrooms and similar intimate spaces and to exclude employees — including transgender employees — from facilities designated for the opposite sex. The ruling overturns the agency’s 2015 Lusardi decision on this point. The decision applies only to federal agencies and has no immediate effect on...
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Category: Affirmative Action and DEI

Fourth Circuit Rejects Broad Challenge To DEI Certification Requirements

The Fourth Circuit has rejected a broad effort to block DEI certification requirements for federal contractors and grantees. The case is National Association of Diversity Officers in Higher Education v. Trump. The ruling resolved a challenge to portions of two Executive Orders by vacating a lower court’s preliminary injunction against agency efforts to halt funding for some DEI-related programs and...
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Category: Affirmative Action and DEI

CWC Files Comments With OMB Supporting Changes To OFCCP Complaint Form

CWC has filed comments with the Office of Management and Budget, supporting a recent request by OFCCP to formally revise two of the forms it uses to process employment discrimination allegations against federal contractors. The forms are the CC-4 (the Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor) and the CC-390 (Pre-Complaint Inquiry for Employment Discrimination Involving a Federal...
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Category: Agency Enforcement

EEOC Seeks Court Order To Enforce Subpoena In Nike DEI Investigation

The EEOC has petitioned a federal court to enforce a subpoena that it issued while investigating Nike’s DEI practices. The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and materials from Nike’s “Diverse Slates” hiring process. It also requests data on eligibility and selection for internship and leadership programs dating back to 2018. The...
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Category: Agency Enforcement

New NLRB General Counsel Prioritizes Backlog Reduction And Consistency

The NLRB’s new General Counsel, Crystal Carey, has signaled an early focus on reducing the agency’s substantial case backlog and improving regional consistency in case processing and enforcement actions rather than revisiting Board precedent. On January 28, she issued Memorandum GC 26-02 stating that she will not issue a wide-ranging “Mandatory Submissions to Advice” memo listing cases or topics that...
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Category: Agency Enforcement

EEOC Reclaims Litigation Authority After Decades Of Harmful Delegation

The Equal Employment Opportunity Commission has voted to reclaim litigation authority that it improperly delegated to its General Counsel three decades ago. The Commission adopted the new procedure by a 2 to 1 vote January 22. Now, in nearly all cases, the Commission will vote on whether to commence or intervene in litigation. There will be narrow exceptions for recordkeeping matters...

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