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Category: Agency Enforcement

President Trump Nominates Crystal Carey as NLRB General Counsel

On March 24, President Trump nominated Crystal Carey to serve as the General Counsel of the National Labor Relations Board. If the Senate confirms her, Carey will take over for Acting General Counsel William B. Cowen, whom President Trump appointed on February 3. In the short time since, Acting General Counsel Cowen has swiftly implemented policy changes by rescinding numerous memoranda issued...
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Category: Agency Enforcement

FY 2024 EEOC Enforcement Stats Show Increased Charge Filings Overall, Retaliation Most Prevalent

For the third year in a row, there was a notable increase in the number of discrimination charges filed with the Equal Employment Opportunity Commission. Allegations of unlawful retaliation again led the way. EEOC received 88,531 charges alleging employment discrimination, a 9% increase from the year before, according to fiscal year 2024 statistics posted on EEOC’s website. Charges alleging retaliation, totaling...
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Category: Agency Enforcement

President Trump Renominates Andrea Lucas to Second Term on EEOC

On March 24, President Trump nominated Andrea Lucas, a Republican, to a second five-year term as a Commissioner on the Equal Employment Opportunity Commission. Ms. Lucas joined the EEOC in 2020 after President Trump nominated her during his first term. He elevated her to Acting Chair of the EEOC at the beginning of his current term in January. If the...
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Category: Affirmative Action and Diversity

Catherine Eschbach Appointed New OFCCP Director, Immediately Announces New Investigations

The Trump Administration has appointed Catherine Eschbach to be the Director of the Office of Federal Contract Compliance Programs. In this role, she will oversee OFCCP’s transition to its new scope of mission, the Labor Department announced. On her first day, Ms. Eschbach emailed OFCCP employees that the agency would begin investigating federal contractors’ employment practices. “Most of what OFCCP...
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Category: Affirmative Action and Diversity

EEOC Acting Chair Probes DEI Practices of 20 Law Firms

EEOC Acting Chair Andrea Lucas has launched a probe of DEI practices at major law firms. On March 17, she sent letters to 20 firms and established an email address through which whistleblowers can report potentially unlawful activity. The letters ask the firms to supply information about their DEI-related employment practices and express Lucas’s concern that they may entail disparate...
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Category: Agency Enforcement

Fourth Circuit Permits Trump Administration To Resume Enforcing E.O. 14173

The Trump Administration can require contractors and grant recipients to certify that they do not operate any illegal diversity, equity, and inclusion programs, a federal appeals court ruled March 14. The order from the U.S. Court of Appeals for the Fourth Circuit effectively reverses a preliminary injunction that the U.S. District Court for the District of Maryland issued February 21....
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Category: Agency Enforcement

Senate Confirms Lori Chavez-DeRemer To Be Next Secretary of Labor

The U.S. Senate recently confirmed two of President Trump’s nominees for top posts at the Department of Labor. On March 10, it confirmed former Oregon Representative Lori Chavez-DeRemer as the Secretary of Labor in a 67 to 32 vote. On March 12, it confirmed former EEOC Commissioner Keith Sonderling as the Deputy Secretary of Labor in a 53 to 46...
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Category: Agency Enforcement

EEOC To Target Anti-American Bias

The Equal Employment Opportunity Commission will prioritize national origin discrimination claims against employers that illegally prefer non-American workers, EEOC Acting Chair Andrea Lucas announced February 19. EEOC’s new focus is on American workers who are victims of national origin discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin. The agency’s definition of “American”...
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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Category: Agency Enforcement

White House Restricts the Power of Independent Agencies

President Trump signed an executive order February 18 that will sharply limit the autonomy of independent federal agencies, such as the NLRB. The E.O., entitled “Ensuring Accountability for All Agencies,” seeks to control independent agencies by: Subjecting their regulatory activity and strategic plans to review by the White House Office of Management and Budget; Establishing performance standards for independent agency heads;...

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