September 04, 2025
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Category: Discrimination and Harassment

EEOC Retains Authority To Investigate Even After Charging Party Sues, Second Circuit Rules

The EEOC retains its authority to investigate a charge even after it issues a right-to-sue letter and the charging party sues, the Second Circuit held August 25 in EEOC v. AAM Holding Corp. In this case, an employee received a right-to-sue letter and filed a separate suit while her employers were appealing a district court order upholding an EEOC subpoena. The...
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September 03, 2025
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Category: Discrimination and Harassment

CWC Supports Simplification of Registered Apprenticeship EEO Regulations

The Center for Workplace Compliance, our affiliated nonprofit membership association, has filed comments with the Department of Labor supporting DOL’s proposed simplification of the equal employment opportunity rules for registered apprenticeship sponsors. CWC emphasized that the current regulatory regime is rooted in the system predating the Civil Rights Act of 1964, and that requiring detailed affirmative action plans, especially after...
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August 26, 2025
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Category: Agency Enforcement

EEOC Guidance to Federal Agencies Emphasizes Importance of Maintaining Proactive EEO Plans

The Equal Employment Opportunity Commission released FAQs reminding federal agencies that they must submit equal employment opportunity (EEO) plans in adherence to Management Directive 715. MD-715 sets standards for the EEO programs required of federal agencies by Title VII and Section 501 of the Rehabilitation Act. Its goal is to ensure equal employment opportunities for applicants and employees in the...
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August 18, 2025
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Category: Discrimination and Harassment

DC Circuit Explains Broad Scope of FCA Retaliation Protections

A recent opinion by a federal appeals court illustrates the broad scope of the False Claims Act’s anti-retaliation provisions, which has important implications for whistleblower claims involving “illegal DEI” or other alleged discrimination. In United States ex rel. Kini v. Tata Consultancy Services, the U.S. Circuit Court of Appeals for the District of Columbia held August 8 that an employee...
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August 18, 2025
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Category: Discrimination and Harassment

Sixth Circuit Requires Employer Intent in Third-Party Harassment Case

A federal appeals court opted to apply a more employer-friendly standard for determining employer liability in cases of harassment by a non-employee third party. Breaking from EEOC guidance and most circuit courts, the U.S. Court of Appeals for the Sixth Circuit held August 8 in Bivens v. Zep that employers can be held liable for third-party harassment only where the...
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August 12, 2025
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Category: Compliance Reporting and Recordkeeping

DOL Ordered To Release EEO-1 Type 2 Contractor Data

A federal appeals court has ordered the Labor Department to release EEO-1 Type 2 consolidated data from the years 2016 to 2020 submitted by contractors that objected to a 2022 Freedom of Information Act request filed by the Center for Investigative Reporting. A panel of the U.S. Court of Appeals for the Ninth Circuit rejected DOL’s argument that headcount and...
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August 06, 2025
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Category: Agency Enforcement

Senate Confirms Andrea Lucas to Second Term on EEOC

On July 21, the U.S. Senate confirmed Andrea Lucas to a second term on the Equal Employment Opportunity Commission, extending her tenure through 2030. The Senate approved the nomination by a partisan vote of 52 to 45. EEOC’s only confirmed Commissioners are Lucas, a Republican serving as the EEOC’s Acting Chair, and Democrat Kalpana Kotagal. With three seats vacant, the...
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July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Rescinding Regulations Interpreting E.O. 11246

The Labor Department’s Office of Federal Contract Compliance Programs has formally proposed rescinding its regulations that implemented and interpreted Executive Order 11246. President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the proposed rule, the following provisions would be removed from Title 41 of the Code of Federal Regulations: Obligations of Contractors and Subcontractors...
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June 25, 2025
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....
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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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