June 19, 2023
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Category: Agency Enforcement

EEOC’s Final FY 2022 Enforcement Numbers Show Big Jump in Charges Filed

Final enforcement and litigation statistics published by the Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2022 show that the agency received 73,485 charges of discrimination last year, a 20% increase from the previous year. The statistics for FY 2022 (which ran from October 1, 2021, to September 30, 2022) counter a five-year decrease in charge filings and were...
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June 11, 2023
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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June 08, 2023
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Category: Discrimination and Harassment

EEOC Issues New Anti-Harassment Guidance for Federal Sector

The U.S. Equal Employment Opportunity Commission (EEOC) recently published anti-harassment guidance applicable to the federal sector, following up on its 2017 anti-harassment guidance for the private sector. EEOC’s Promising Practices for Preventing Harassment in the Federal Sector contains several recommendations that private sector employers might find helpful, however, including examples of workplace harassment related to technology. Members of the Center for...
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June 01, 2023
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Category: Discrimination and Harassment

Goldman Sachs Settles Long-Running Pay Discrimination Case for $215 Million

In one of the largest pay discrimination settlements in history, Goldman Sachs has agreed to settle with 2,887 women who worked for the company during the applicable time periods. Under the agreement, more than 60 percent of the $215 million settlement would go to class members, and more than $79 million would go to attorneys’ fees and litigation expenses. The...
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May 30, 2023
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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May 22, 2023
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Category: Discrimination and Harassment

OFCCP Seeks Approval To Use New Pre-Complaint Inquiry Form

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has asked the White House Office of Management and Budget (OMB) for approval to use a new pre-complaint inquiry form (CC-390) that  individuals would have to submit before filing a formal discrimination complaint (CC-4). OFCCP also is seeking OMB approval to continue using the CC-4 with minor technical changes....
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May 11, 2023
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Category: Discrimination and Harassment

EEOC Settles With Firm Accused of Job Postings That Discriminated Against Americans

In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the U.S. Equal Employment Opportunity Commission (EEOC) has settled charges with the operator of a job search website accused of running job postings that favored foreign nationals. The EEOC settled multiple charges of national origin discrimination with DHI...
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April 26, 2023
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Category: COVID-19

Sixth Circuit in Ciraci v. Smucker’s Denies Employees’ First Amendment Vax Mandate Claim

Employees who were denied a religious exemption from their government contractor employer’s COVID-19 vaccine mandate did not have a valid cause of action under the First Amendment to the U.S. Constitution, according to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit’s ruling in Ciraci v. J. M. Smucker Co. serves as a useful reminder that Constitutional guarantees such...
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December 16, 2022
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Category: Discrimination and Harassment

Congress Approves Respect for Marriage Act To Codify Same-Sex Marriage Recognition

As expected, the U.S. Congress has approved and sent to President Biden for his signature a bill that establishes a federal definition of marriage as being between two individuals (including same-sex partners) as valid in the state in which it was entered into. The measure would also require a valid marriage between two people recognized in one state to be...
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