March 04, 2026
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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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March 03, 2026
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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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February 12, 2026
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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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February 12, 2026
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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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February 09, 2026
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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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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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