September 25, 2023
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Category: Discrimination and Harassment

DOJ Sues SpaceX Over Alleged Immigration Violations, SpaceX Sues Back

In a legal spat that is garnering widespread attention, the U.S. Department of Justice (DOJ) and rocket and satellite company SpaceX have sued each other over whether the company’s hiring practices violate U.S. immigration law. On August 23, DOJ filed an administrative lawsuit alleging that the company owned by entrepreneur Elon Musk violated the Immigration and Nationality Act (INA) by refusing...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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August 30, 2023
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Category: Affirmative Action and Diversity

Fresh After Affirmative Action College Admissions Case Win, Plaintiffs Turn to Private Sector

Affirmative action opponents are following their successful Supreme Court challenge of the admissions policies of Harvard and the University of North Carolina by suing entities in the private sector for allegedly discriminatory race-based employment practices. The American Alliance for Equal Rights filed lawsuits against two major law firms, alleging race-based discrimination in their fellowship programs for summer interns. A separate...
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August 29, 2023
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Category: Discrimination and Harassment

5th Circuit Rules Ultimate Employment Decision Not Required for Title VII Disparate Treatment Claim

The full U.S. Court of Appeals for the Fifth Circuit has reversed its own precedent and ruled that an employee can allege a disparate treatment claim under Title VII of the Civil Rights Act even if the claim does not involve an ultimate employment decision such as termination, denial of a promotion, or the setting of pay. In reversing a...
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August 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 01, 2023
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Category: Discrimination and Harassment

CWC’s “Post-Harvard Talking Points”

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued a guide on the Supreme Court’s landmark college admissions decision. Following the high court’s recent ruling that the use of race as a factor in the admissions policies of Harvard University and the University of North Carolina was unconstitutional, the “Post-Harvard Talking Points” guide is designed to explain...
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July 17, 2023
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Category: Discrimination and Harassment

Senate Confirms Plaintiffs’ Lawyer Kalpana Kotagal to EEOC, Giving Democrats Long-Awaited Majority

The Senate confirmed plaintiffs’ lawyer Kalpana Kotagal to a vacant seat on the Equal Employment Opportunity Commission (EEOC or Commission) last week, giving it a Democratic majority on the five-member Commission for the first time since January 2019. Ms. Kotagal’s term will end on July 1, 2027. With a 3 to 2 Democratic majority for the first time during the...
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July 13, 2023
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Category: Discrimination and Harassment

Ninth Circuit Says Offensive Rap Music at Work Can Give Rise to Valid Sex Discrimination Claim

Sexually derogatory music blasted constantly throughout a workplace can give rise to a sex discrimination claim under Title VII of the Civil Rights Act of 1964, even if the music is offensive to both female and male employees, the U.S. Court of Appeals for the Ninth Circuit ruled June 7, 2023. In reversing a trial court’s grant of summary judgment...
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July 10, 2023
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Category: Affirmative Action and Diversity

Supreme Court Rejects Race as Factor in College Admissions: Impact on Company CD&I Programs?

The consideration of race in the admissions processes at Harvard University and the University of North Carolina (UNC) violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, the U.S. Supreme Court ruled June 29. The Court’s opinion does not appear to threaten federal contractors’ affirmative action plans that are consistent with current regulations. Still, because the...
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July 05, 2023
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Category: Discrimination and Harassment

Supreme Court Clarifies Title VII Religious Accommodation Standard: Undue Hardship Means Substantial Cost

The Supreme Court has ruled that an employer must show that an employee’s requested religious accommodation under Title VII of the Civil Rights Act of 1964 (Title VII) will result in substantial cost to its business before the employer can deny the accommodation. The ruling in Groff v. DeJoy upends years of lower court case law holding that an employer...
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