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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...
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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...
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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...
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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....
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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...
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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...
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Category: Agency Enforcement

EEOC Regulatory Agenda Focuses On Rescission Of Longstanding Guidance And Reporting Requirements

The EEOC's new regulatory agenda includes seven significant initiatives, most of which would rescind existing guidance, reporting requirements, or interpretive rules. Key items include rescission of EEO-1 reporting requirements, rescission of most or all of the Uniform Guidelines on Employee Selection Procedures (UGESP), and revisions to the Pregnant Workers Fairness Act regulations. Several items on the EEOC’s agenda involve employer...
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Category: Agency Enforcement

EEOC Seeks Comment On Draft Strategic Plan For FY 2026–2030

The Equal Employment Opportunity Commission has released a draft Strategic Plan for FY 2026–2030 that retains the agency’s three overarching goals: enforcement, outreach and training, and organizational excellence. The draft includes detailed performance metrics covering investigation quality, litigation outcomes, systemic enforcement, intake improvements, outreach activities, and stakeholder satisfaction. Unlike the EEOC’s National Enforcement Plan (NEP), which sets substantive enforcement priorities, the Strategic...
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Category: Agency Enforcement

EEOC Rescinds Longstanding Affirmative Action Guidance

The EEOC has rescinded two longstanding agency documents that for decades guided its evaluations of employers’ affirmative action initiatives. The agency now says the guidance was inconsistent with Title VII and Supreme Court precedent. The rescinded documents are: the 1979 Guidelines on Affirmative Action Appropriate Under Title VII, which set out the agency’s framework for evaluating voluntary affirmative action plans;...
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Category: Agency Enforcement

DOL Rescinds WIOA Outreach Mandate, Signals Narrower View of Nondiscrimination

The Department of Labor has rescinded a regulation that required recipients of Workforce Innovation and Opportunity Act (WIOA) funds to conduct affirmative outreach to specific demographic groups. DOL concluded that it lacked statutory authority to mandate such outreach and that nondiscrimination laws do not require proactive efforts to expand participation based on protected characteristics. DOL drew a sharp distinction between...

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