August 26, 2022
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Category: Agency Enforcement

Fourth Circuit Rules Gender Dysphoria Is a Covered ADA Disability

In a case of first impression before the federal appeals courts, the U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria can be a disability under the Americans with Disabilities Act (ADA). Gender dysphoria, as discussed in more detail below, is defined as clinically significant distress experienced by transgender individuals. While the ADA expressly excludes “gender...
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August 19, 2022
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Category: Agency Enforcement

D.C. Circuit Issues Important Decision on Federal Rulemaking

A recent decision by a split three-judge panel of the influential U.S. Court of Appeals for the D.C. Circuit has potentially significant implications for federal rulemaking subject to the Administrative Procedure Act (APA), and in particular during the transition of presidential administrations from one political party to the other. Ruling in the case of Humane Society v. Department of Agriculture,...
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August 19, 2022
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Category: Agency Enforcement

$85 Million Settlement Underscores DOJ’s Focus on Anticompetitive Employment Practices

A massive $85 million settlement in a wage fixing case in the poultry industry is the latest evidence that the U.S. Department of Justice (DOJ) continues to focus antitrust enforcement efforts on anticompetitive employment practices. At the same time, DOJ’s strategy as to how to pursue these cases still appears to be evolving, as evidenced by a recent brief DOJ...
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August 05, 2022
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Category: Agency Enforcement

NLRB Joins Forces With FTC and DOJ To Go After Anticompetitive Employment Practices

The National Labor Relations Board (NLRB) has entered into two Memoranda of Understanding (MOUs) – one with the Federal Trade Commission (FTC) and the other with the U.S. Department of Justice (DOJ) – that are designed to facilitate information sharing between the agencies for the purpose of prosecuting employers whose business practices put workers at risk of harm because of...
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August 05, 2022
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Category: Agency Enforcement

ICE Worksite Inspections Fell Drastically in FY 2021

According to enforcement statistics recently obtained by NT Lakis from U.S. Immigration and Customs Enforcement (ICE) pursuant to a Freedom of Information Act (FOIA) request we filed, the number of worksite immigration investigations conducted by ICE in fiscal year (FY) 2021 dropped dramatically, with only 627 investigations conducted as compared to 4,327 in FY 2020 and 7,734 in FY 2019,...
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August 05, 2022
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Category: Agency Enforcement

OFCCP Announces Contractors With Timely AAP-VI Help Desk Requests Met Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that federal contractors who have yet to certify via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, but who had pending Help Desk tickets as of the June 30, 2022, filing deadline, are deemed to have met the deadline. The agency’s announcement also...
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July 29, 2022
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Category: Agency Enforcement

Secretary of Labor Walsh Overturns Favorable ARB Ruling in OFCCP v. Convergys

Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc. In a bang-bang series of developments, at least by DOL...
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July 29, 2022
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Category: Agency Enforcement

EEOC Posts Updated COVID-19 Guidance, Says Status and Symptoms Questions OK

The Equal Employment Opportunity Commission (EEOC) has once again updated its COVID-19 technical assistance guidance for employers, including the addition of a new section stating that employers are permitted to ask their employees who report feeling ill or who call in sick about their illness symptoms to determine if an individual has or has had COVID-19. The updated guidance, in...
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July 22, 2022
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Category: Agency Enforcement

EEOC Revises Charge Intake Process To Add Non-Binary Gender Identity Option

The Equal Employment Opportunity Commission (EEOC) has made small but meaningful modifications to its charge intake form and public portal relating to discrimination charge inquiries. The changes now permit an individual to use non-binary gender markers. Please note that these tweaks are limited to the EEOC’s charge intake process, and do not – at least for now – impact current...
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July 22, 2022
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Category: Agency Enforcement

Update on the EEOC-OFCCP “HIRE” Initiative

As we reported a few months ago, in January of this year the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”) initiative. In introducing the initiative, the two agencies promised to engage a “broad array of stakeholders,” including employer,...
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