February 03, 2026
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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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January 28, 2026
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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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January 26, 2026
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Category: Agency Enforcement

EEOC Rescinds Guidance On Workplace Harassment

The Equal Employment Opportunity Commission has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace following a 2 to 1 partisan vote January 22. EEOC Chair Andrea Lucas stated two concerns during the meeting: first, that the portions of the guidance addressing sexual orientation and gender identity exceeded the Supreme Court’s decision in Bostock v. Clayton County; and, second, that the guidance...
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January 21, 2026
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Category: Agency Enforcement

Congressional Deal Funds DOL, Rejects Plan To Eliminate OFCCP

Congress reached a bipartisan agreement January 20 to fund the Labor Department for the remainder of 2026. While the spending deal would cut funding for several enforcement agencies, the cuts are not as steep as the White House proposed. Congress is expected to pass the measure before funding expires January 30. Notably, the agreement does not eliminate OFCCP and transfer...
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January 20, 2026
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Category: Agency Enforcement

OFCCP Seeks To Renew Veteran AAP Requirements

The Office of Federal Contract Compliance Programs has initiated the process for seeking a three-year extension for its recordkeeping, reporting, and enforcement requirements under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. These include the contents of the written affirmative action program; annual outreach assessment; data collection and metrics; and regular communications to state agencies, union officials, and...
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January 15, 2026
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Category: Affirmative Action and DEI

OFCCP Seeking Formal Approval To Revise Agency Complaint Forms

The Office of Federal Contract Compliance Programs has asked the Office of Management and Budget to let it revise its complaint and pre-complaint inquiry forms. OFCCP uses its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-390) to process employment discrimination allegations against...
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January 08, 2026
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Category: Affirmative Action and DEI

Partial Spending Deal Would Cut EEOC Funding $20 Million In FY 2026

Congressional negotiators have reached a bipartisan deal to fund the EEOC at $435.4 million for fiscal year 2026. The funding level is the same as that requested by the White House but nearly $20 million (4.3%) less than last year’s budget. The House could vote on the agreement later this week, with Senate action expected soon. Notably, the deal does...
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January 06, 2026
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Category: Agency Enforcement

EEOC Empowers General Counsel To File Amicus Briefs Without Quorum

The EEOC has quietly adopted a policy that will allow its general counsel (or acting equivalents) to file amicus briefs when the agency lacks a quorum. Previously, the Commissioners had to approve the agency’s participation as amicus curiae in litigation, so the EEOC was unable to file amicus briefs during extended periods, as seen in 2025. This authority applies only...
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December 09, 2025
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Category: Agency Enforcement

DOJ Drops Disparate Impact, Affirmative Action From Title VI Rules

The Justice Department has amended its regulations under Title VI of the Civil Rights Act of 1964 to prohibit only intentional discrimination and to eliminate coverage of disparate impact claims. The revisions also eliminate Title VI regulations authorizing affirmative action and limit the scope of the rules prohibiting employment discrimination. Title VI of the Civil Rights Act prohibits discrimination based...
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December 09, 2025
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Category: Agency Enforcement

President Can Remove NLRB Members, Appeals Court Rules

The President may remove National Labor Relations Board members despite the NLRA’s limits on removal, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Wilcox v. Trump. Meanwhile, the Supreme Court is reviewing a related case involving the Federal Trade Commission that may clarify the President’s removal powers. The majority on the D.C. Circuit panel reasoned that Congress cannot restrict...
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