September 10, 2026
|
Category: Discrimination and Harassment

Judge Says Offensive Conduct Need Not Target An Employee To Affect The Workplace

Harassment investigations should look beyond conduct directed at the employee who raised the concern, according to a recent D.C. Circuit concurrence. It challenges a line of lower-court decisions that discounted discriminatory conduct that was not directed at the employee alleging a hostile work environment. The concurrence argues that this approach is too narrow because offensive conduct involving coworkers, customers, or others may...
Read More
August 31, 2026
|
Category: Discrimination and Harassment

Ninth Circuit Allows Employee To Exit Arbitration After Harassment Claim Emerges

A federal court has allowed an employee to move a dispute from arbitration to court after discovery uncovered evidence supporting a sex-based harassment claim. In this case, an employee initially asserted claims based on national origin and her status as a domestic violence victim. During arbitration, she obtained internal communications and testimony that allegedly revealed sex-based stereotyping and bias. The...
Read More
August 25, 2026
|
Category: Compliance Reporting and Recordkeeping

CWC Urges EEOC To Preserve Lawful Compliance Use Of Demographic Data

In comments filed with the EEOC, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, urged the commission to clarify that its proposed rescission of the EEO-1 would not prohibit employers from collecting and analyzing demographic information to monitor their compliance with nondiscrimination laws. The Employer Information (EEO-1) Report requires covered employers to send workforce demographic data by...
Read More
August 05, 2026
|
Category: Discrimination and Harassment

OPM Removes Uniform Guidelines References From Federal Hiring Regulations

The Office of Personnel Management has issued an interim final rule removing references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from federal personnel regulations. The rule took effect July 31. The UGESP has long served as the federal government’s principal guidance on validating selection procedures for federal employees. It was adopted in 1978 by the EEOC, DOL, DOJ, and...
Read More
July 23, 2026
|
Category: Compliance Reporting and Recordkeeping

Comments On Proposed EEO-1 Rescission Due August 24, 2026

The Equal Employment Opportunity Commission has formally published a Notice of Proposed Rulemaking, “Removal of Reporting Requirements,” that aims to rescind employers’ obligation to file the annual Employer Information (EEO-1) Report. The EEOC announced the NPRM earlier this week after a public meeting during which the EEOC commissioners voted 2 to 1 to approve it. The proposal also seeks to eliminate...
Read More
July 22, 2026
|
Category: Agency Enforcement

EEOC Moves FEPA Lists From Regulations To Agency Website

The EEOC has issued a final rule revising its procedures for recognizing Fair Employment Practice Agencies. FEPAs are state and local agencies that enforce employment discrimination laws and participate in EEOC worksharing and charge-processing arrangements.  Moving forward, the EEOC will list designated FEPAs on its website rather than in its procedural regulations. This is merely an administrative change. The rule does not...
Read More
July 21, 2026
|
Category: Compliance Reporting and Recordkeeping

EEOC Proposes To Rescind EEO Reporting Requirements

The Equal Employment Opportunity Commission has published a proposed rule that would rescind employers’ annual EEO-1 reporting obligation. The Notice of Proposed Rulemaking also would rescind similar reporting requirements that apply to labor unions, state and local governments, and some public schools. The Employer Information (EEO-1) Report requires covered employers to send workforce demographic data by job category, sex, and...
Read More
July 20, 2026
|
Category: Agency Enforcement

CWC Urges EEOC To Strengthen Performance Measures In Strategic Plan

The Center for Workplace Compliance, our affiliated nonprofit membership association, submitted comments July 19 on the Equal Employment Opportunity Commission's draft Strategic Plan for Fiscal Years 2026–2030. CWC’s comments generally praised the draft as an improvement over prior plans — citing its streamlined structure, focus on quality investigations and conciliations, attention to the charge intake process, and more appropriate systemic enforcement metrics....
Read More
July 16, 2026
|
Category: Discrimination and Harassment

Fifth Circuit Rejects Duty To Mitigate Emotional Distress Damages Under Title VII

Title VII plaintiffs have no duty to mitigate their emotional distress damages, the U.S. Court of Appeals for the Fifth Circuit ruled in EEOC v. SkyWest Airlines, a case alleging severe workplace sexual harassment. The court declined to reduce the employee’s emotional distress award even though she did not seek therapy, medication, or other treatment. The Fifth Circuit concluded that Title...
Read More
July 14, 2026
|
Category: Discrimination and Harassment

Third Circuit Revives Retaliation Claim Tied To Public Criticism Of Race-Conscious Practices

The U.S. Court of Appeals for the Third Circuit recently revived a Title VII retaliation claim brought by a physician who alleged that the University of Pittsburgh and its affiliates retaliated against him after he published an article criticizing race-conscious selection practices in medical training programs. The court held that a jury could find that the physician engaged in protected activity by...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch