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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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 27, 2026
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Category: Discrimination and Harassment

Florida And Texas AG Letters Signal Heightened Legal Scrutiny Of DEI Programs

The Attorneys General of Florida and Texas issued opinion letters last week calling many DEI programs unlawful, reflecting increased state enforcement against race- and sex-conscious policies. Florida Attorney General James Uthmeier issued a formal opinion finding that dozens of state laws requiring race-based preferences, classifications, or quotas violate the U.S. Constitution’s Equal Protection Clause and Florida’s Constitution. Relying heavily on...
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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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December 09, 2025
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Category: Agency Enforcement

DOJ Drops Disparate Impact, Affirmative Action From Title VI Rules

The Justice Department has amended its regulations under Title VI of the Civil Rights Act of 1964 to prohibit only intentional discrimination and to eliminate coverage of disparate impact claims. The revisions also eliminate Title VI regulations authorizing affirmative action and limit the scope of the rules prohibiting employment discrimination. Title VI of the Civil Rights Act prohibits discrimination based...
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December 04, 2025
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Category: Discrimination and Harassment

$10 Million Settlement Warns Against Judging Sincerity Of Religious Beliefs

The University of Colorado medical school will pay more than $10 million to settle claims from 18 employees and students who allege that the school’s COVID-19 vaccination exemption policy was unconstitutional. The school’s policy required evidence that an employee’s religion forbids immunization and rejected employee COVID-19 immunization exemption requests that it deemed personal or not part of a recognized belief...
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December 04, 2025
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Category: Discrimination and Harassment

EEOC Fact Sheet On Discrimination Against American Workers Needn’t Be Posted But Should Be Followed

The Equal Employment Opportunity Commission has released a fact sheet about discrimination against American workers. The EEOC is not mandating that employers post the new fact sheet or its recent guidance on DEI-related discrimination. However, these documents signal the EEOC’s enforcement priorities and evolving interpretations of nondiscrimination laws. Therefore, employers should review their workplace policies and be on the watch for...
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December 01, 2025
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Category: Discrimination and Harassment

EEOC Focuses on Protecting American Workers From Discrimination

The Equal Employment Opportunity Commission has released a fact sheet and refreshed its national origin discrimination resources, underscoring a renewed federal focus on protecting American workers from unlawful bias. While the guidance does not introduce new legal standards, it reinforces that Title VII strictly prohibits employers from favoring foreign applicants or employees — including those with specific visa statuses — over American...
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November 26, 2025
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Category: Discrimination and Harassment

Sixth Circuit Rules Section 504 Bars Retaliation Claims

Retaliation claims may not be filed under Section 504 of the Rehabilitation Act, the U.S. Court of Appeals for the Sixth Circuit ruled November 21 in Smith v. Michigan Department of Corrections. Section 504 prohibits disability discrimination by entities receiving federal financial assistance. Although Section 504 incorporates the Americans with Disabilities Act employment discrimination standards, the Smith panel found no...
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