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Category: Agency Enforcement

EEOC’s New Enforcement Plan Signals Shift In Priorities

The EEOC adopted a new National Enforcement Plan June 4 that signals a significant shift in its priorities toward intentional discrimination claims and away from disparate impact cases. The NEP confirms that the EEOC will devote greater attention to employers’ recruiting, hiring, promotion, and DEI-related practices. The NEP’s enforcement priorities include scrutiny of: job ads that refer to race or diverse...
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Category: Agency Enforcement

EEOC Moves To Rescind 1979 Affirmative Action Interpretive Guidance

The Equal Employment Opportunity Commission has asked OMB to approve a measure that would rescind the agency’s 1979 guidance on when Title VII permits voluntary affirmative action. The guidance, codified at 29 CFR Part 1608, outlines when employers may adopt voluntary affirmative action plans for women and minorities. Most employers that adopted affirmative action plans for women and minorities did so...
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Category: Agency Enforcement

FTC Signals Renewed Scrutiny Of Noncompete Agreements Through Targeted Warning Letter

The Federal Trade Commission recently indicated in a warning letter to a mortgage services company that it is ramping up its scrutiny of employers that require noncompete agreements from all employees and impose restrictions that limit workers’ mobility and competition. The FTC indicated that it is using its Section 5 authority to assess whether such provisions violate federal antitrust law...
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Category: Agency Enforcement

Kenneth Wolfe Appointed OFCCP Director

Kenneth Wolfe has taken over as director of the Department of Labor’s Office of Federal Contract Compliance Programs, according to DOL’s website and Wolfe’s LinkedIn profile. He replaces Ashley Romanias. Wolfe also serves as director of DOL’s Center for Faith. Previously, he served at the U.S. Department of Health and Human Services in the Administration for Children and Families. During President Trump’s second...
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Category: Agency Enforcement

House Appropriators Seek Nearly 13 Percent Cut From EEOC’s Budget

The House subcommittee responsible for funding the Equal Employment Opportunity Commission has recommended steep cuts in the agency’s budget, a sharp contrast from the more than $20 million increase sought by the Administration. The panel has advanced spending legislation for fiscal year 2027 that would slash $55.8 million from the EEOC’s budget, a 12.9 percent cut from its current funding of...
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Category: Agency Enforcement

White House Pulls EEOC And Labor Department Nominees

The President withdrew pending nominations for EEOC General Counsel and an Assistant Labor Secretary post on April 27. The White House did not provide a reason and has not indicated whether it will submit replacement nominations. Catherine Eschbach is continuing as the EEOC’s Acting General Counsel while the agency remains without a Senate-confirmed General Counsel. M. Carter Crow, who had...
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Category: Agency Enforcement

Chavez-DeRemer Resigns As Labor Secretary; Sonderling Named Acting Secretary

Labor Secretary Lori Chavez-DeRemer resigned effective April 20, and Deputy Labor Secretary Keith Sonderling has been named Acting Labor Secretary. The change in leadership removes a potential distraction for the Department of Labor and may allow DOL to refocus on day-to-day operations and policy execution following allegations of misconduct involving the former Secretary and senior staff. With Deputy Secretary Sonderling...
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Category: Agency Enforcement

EEOC Budget Request Points To Bigger, Data-Driven Enforcement

The EEOC’s FY 2027 Congressional Budget Justification signals the agency’s desire to enhance its enforcement capacity for complex, systemic discrimination matters. Notably, the request asks for (1) a 15.6% increase to expand data analytics, digital case management, and large-scale reviews of employer practices; and (2) an 8.1% increase in private-sector enforcement litigation. The CBJ frames these investments as support for...
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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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