June 11, 2025
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Category: Agency Enforcement

EEOC Halts Funding for State and Local Investigations of Transgender Bias and Disparate Impact

The Equal Employment Opportunity Commission will no longer reimburse state and local agencies for investigating gender identity, transgender, or disparate impact claims. However, states may continue to fund such investigations on their own, and plaintiffs may still seek redress in federal court. A May 20 memorandum from the EEOC’s Office of Field Programs announced the policy shift, which applies retroactively to January 20,...
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June 11, 2025
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Category: Discrimination and Harassment

Justices Reject Tougher Standard for Discrimination Claims by Majority-Group Plaintiffs

In a unanimous decision, the U.S. Supreme Court rejected the use of a heightened evidence standard for majority-group plaintiffs in Title VII discrimination claims. The court ruled June 5 that the same standards apply to all plaintiffs under Title VII, regardless of their race or sex. The case, Ames v. Ohio Department of Youth Services, was filed by a heterosexual...
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June 02, 2025
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Category: Affirmative Action and Diversity

President Trump Proposes Eliminating OFCCP

President Trump’s FY 2026 budget request proposes abolishing the Office of Federal Contract Compliance Programs. Under this proposal, OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) would shift to the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS), and OFCCP’s enforcement of Section 503 of the Rehabilitation Act would shift to the Equal Employment Opportunity Commission (EEOC). The proposed...
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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 21, 2025
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Category: Discrimination and Harassment

Federal Court Vacates Key SOGI Provisions of EEOC Harassment Guidance

A federal court has vacated portions of the Equal Employment Opportunity Commission’s guidance related to workplace harassment of LGBTQ+ employees. On May 15, the U.S. District Court for the Northern District of Texas ruled that the EEOC exceeded its authority by issuing the guidance in April 2024. It struck down the portions that define “sex” to include “sexual orientation” and “gender...
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May 20, 2025
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Category: Affirmative Action and Diversity

CWC’s Guide To Understanding the False Claims Act and E.O. 14173

The Center for Workplace Compliance, our affiliated nonprofit membership association, has prepared a resource — CWC’s Guide To Understanding the False Claims Act and E.O. 14173 — to help CWC members comply with Executive Order 14173 and avoid liability under the FCA. E.O. 14173 instructs federal agencies to combat illegal private-sector diversity, equity, and inclusion activities. The FCA requires federal...
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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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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 29, 2025
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Category: Arbitration and Dispute Resolution

Sixth Circuit: Anti-Arbitration Law Could Apply to Conduct Occurring Before Law’s Effective Date

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can apply to sexual harassment disputes arising from conduct that occurred before the EFAA was enacted, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held April 18 in Memmer v. United Wholesale Mortgage. The EFAA is an amendment to the Federal Arbitration Act that...
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