April 06, 2026
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Category: Agency Enforcement

OMB Delays Agencies’ Race And Ethnicity “Action Plans” To March 2027

The White House Office of Management and Budget has again extended the deadline for the EEOC and other federal agencies to submit their Agency Action Plans on Race and Ethnicity Data. Agency Action Plans are now due March 28, 2027. The deadline for agencies to bring data collections into compliance is September 28, 2029. The agency’s submission of their Agency Action...
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April 01, 2026
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Category: Agency Enforcement

EEOC Voting Records Show Most Votes Bipartisan Since Quorum Restored

EEOC Commissioners have voted in a bipartisan manner in most substantive matters since the Commission regained a quorum in late October, new EEOC vote disclosures show. Through February 2026, the Commission has cast 35 votes, with only nine of their 27 substantive votes split along party lines. Media coverage has focused on policy differences among the Commissioners, but the voting record...
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March 18, 2026
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Category: Discrimination and Harassment

First Circuit Finds PIP Did Not Alter Employment Terms And Therefore Was Not An Adverse Action

A performance improvement plan issued to an employee did not constitute an adverse employment action under the Supreme Court’s Muldrow standard, the First Circuit held March 13. The PIP imposed no new duties, changes in pay, limits on mobility, or modifications to the employee’s terms or conditions of employment, the court found. The court characterized the PIP as “documented counseling” rather than...
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March 04, 2026
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Category: Agency Enforcement

EEOC Chair Warns Fortune 500 on DEI and Title VII Compliance

EEOC Chair Andrea Lucas has sent a letter to all Fortune 500 companies reminding them that Title VII’s prohibition on race- and sex-based employment decisions fully applies to DEI initiatives. The February 26 letter emphasizes that employers must base employees’ hiring, promotion, training, and access to opportunities on job-related, merit-based criteria rather than protected characteristics, regardless of an initiative’s purpose....
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March 03, 2026
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Category: Agency Enforcement

EEOC Federal Sector Decision Reinterprets Title VII Access to Sex Separated Workplace Facilities

The EEOC has issued a decision holding that Title VII permits federal agencies to maintain sex-designated bathrooms and similar intimate spaces and to exclude employees — including transgender employees — from facilities designated for the opposite sex. The ruling overturns the agency’s 2015 Lusardi decision on this point. The decision applies only to federal agencies and has no immediate effect on...
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February 25, 2026
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Category: Disability, Accommodations, and Leaves

OMB Greenlights New OFCCP Complaint Forms

The White House Office of Management and Budget has approved for three years OFCCP’s request to change its complaint forms for processing disability and veteran employment discrimination allegations against federal contractors. The Office of Federal Contract Compliance Programs had asked permission to formally revise its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry...
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February 20, 2026
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Category: Discrimination and Harassment

Federal Court Dismisses Missouri’s Challenge To Employer’s DEI Practices, Appeal Underway

A federal court recently dismissed a state’s challenge to an employer’s diversity, equity, and inclusion practices. The court ruled on procedural grounds and did not address the legality of the challenged DEI practices. In Missouri v. Starbucks Corp., the court found that Missouri lacked standing to bring the case because it did not identify any concrete injury to Missouri residents from...
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February 18, 2026
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Category: Discrimination and Harassment

CWC Hosts Member Roundtable On EEOC’s Rescission Of Harassment Guidance

The Center for Workplace Compliance, our affiliated nonprofit membership association, recently held a members-only roundtable to discuss the impact of the EEOC’s rescission of its 2024 Enforcement Guidance on Harassment in the Workplace. The discussion underscored that organizational values rather than EEOC interpretive documents continue to drive employer standards. Many CWC member organizations reported that the rescission does not alter...
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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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