May 27, 2025
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Category: Agency Enforcement

EEOC Subpoena Enforcement Suggests Focus on Anti-American Discrimination

The Equal Employment Opportunity Commission is seeking to enforce a subpoena against Mauser Packaging Solutions in connection with a Commissioner’s charge alleging unlawful steering and discrimination against American workers. The EEOC asserts that Mauser has not complied with its information requests seeking an electronic database of job candidates and incumbent employees at eight facilities over four years, including demographic, personnel, and contact...
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May 21, 2025
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Category: Agency Enforcement

DOJ Launches Civil Rights Fraud Initiative Targeting Federal Contractors

The U.S. Department of Justice has launched a civil rights fraud initiative that will use the False Claims Act (FCA) to investigate federal contractors’ civil rights violations, DOJ announced May 19. The initiative will be led jointly by DOJ’s Civil Division's Fraud Section — which enforces the False Claims Act, and DOJ’s Civil Rights Division — which enforces civil rights laws....
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May 14, 2025
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Category: Agency Enforcement

Consumer Financial Protection Bureau Withdraws Numerous Guidance Documents Pending Review

The Consumer Financial Protection Bureau has withdrawn 67 guidance documents, including those addressing whistleblower protections and the use of monitoring technology in the workplace. The CFPB’s May 12 announcement stated that many were inconsistent with federal statutory text and imposed compliance burdens without opportunities for public notice and comment. Some documents could be reinstated after further review, the notice said,...
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May 08, 2025
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Category: Agency Enforcement

President Trump Nominates Brittany Bull Panuccio to EEOC

President Trump nominated Brittany Bull Panuccio on May 6 to fill one of the three open seats on the Equal Employment Opportunity Commission. Her confirmation would give the EEOC a quorum, which will allow it to move forward with the Trump Administration’s policy priorities. The EEOC has lacked a quorum — and therefore has been unable to adopt or rescind...
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May 07, 2025
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Category: Agency Enforcement

DOL Pauses Enforcement of Biden’s Independent Contractor Rule

The Labor Department (DOL) will no longer enforce the existing independent contractor rule, DOL announced May 1. Instead, when deciding whether a worker is an employee or an independent contractor, the Wage and Hour Division will rely on Fact Sheet #13 (which originated during President George W. Bush’s term), according to Field Assistance Bulletin No. 2025-1. The Fair Labor Standards Act’s (FLSA) minimum wage and...
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April 29, 2025
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Category: Agency Enforcement

Trump Administration’s New Position on Disparate Impact Liability Doesn’t Impact Private Litigation

On April 23, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy, which seeks to eliminate the use of disparate-impact liability under civil rights laws. Disparate impact is a theory under many civil rights laws that can lead to liability when a neutral policy or practice adversely affects members of a protected class. The E.O. directs the Equal Employment...
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April 17, 2025
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Category: Agency Enforcement

President Trump Directs Agencies To Rescind Unlawful Regulations Without Notice and Comment

President Trump has instructed federal agencies to disregard the notice and comment process when repealing supposedly unlawful regulations. In an April 9 memo, he told federal agency and department heads to repeal regulations that are contrary to a list of specific recent Supreme Court decisions. The memo orders agency heads to skip providing a public notice and comment period when doing...
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April 14, 2025
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Category: Agency Enforcement

Former EEOC Commissioner Jocelyn Samuels Sues for Reinstatement

Jocelyn Samuels, a former Commissioner and Vice Chair of the Equal Employment Opportunity Commission, is seeking reinstatement to the post from which President Trump fired her in January. The lawsuit, filed April 9 in the U.S. District Court of the District of Columbia, contends that Congress did not grant the president the authority to remove EEOC Commissioners. Ms. Samuels, a...
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April 10, 2025
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Category: Agency Enforcement

Senate Confirms Harmeet Dhillon To Be Assistant Attorney General for Civil Rights

On April 3, the Senate confirmed President Trump’s nominee, Harmeet Dhillon, to be the Assistant Attorney General for the Department of Justice’s (DOJ) Civil Rights Division (CRD). Ms. Dhillon will lead what many people consider the federal government's chief civil rights enforcement agency. The CRD is responsible for enforcing several federal civil rights laws, including those dealing with voting rights,...
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April 03, 2025
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Category: Agency Enforcement

President Trump Nominates Jonathan Berry for Solicitor of Labor

On March 31, President Trump nominated Jonathan Berry to serve as the Solicitor of Labor. The top lawyer position is the third most senior role at the Labor Department, after the Secretary and Deputy Secretary. Mr. Berry is currently managing partner at the law firm Boyden Grey. He wrote the chapter on Labor Department policies for Project 2025, the Heritage Foundation’s policy...
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