August 18, 2025
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Category: Discrimination and Harassment

DC Circuit Explains Broad Scope of FCA Retaliation Protections

A recent opinion by a federal appeals court illustrates the broad scope of the False Claims Act’s anti-retaliation provisions, which has important implications for whistleblower claims involving “illegal DEI” or other alleged discrimination. In United States ex rel. Kini v. Tata Consultancy Services, the U.S. Circuit Court of Appeals for the District of Columbia held August 8 that an employee...
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August 18, 2025
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Category: Discrimination and Harassment

Sixth Circuit Requires Employer Intent in Third-Party Harassment Case

A federal appeals court opted to apply a more employer-friendly standard for determining employer liability in cases of harassment by a non-employee third party. Breaking from EEOC guidance and most circuit courts, the U.S. Court of Appeals for the Sixth Circuit held August 8 in Bivens v. Zep that employers can be held liable for third-party harassment only where the...
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August 12, 2025
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Category: Compliance Reporting and Recordkeeping

DOL Ordered To Release EEO-1 Type 2 Contractor Data

A federal appeals court has ordered the Labor Department to release EEO-1 Type 2 consolidated data from the years 2016 to 2020 submitted by contractors that objected to a 2022 Freedom of Information Act request filed by the Center for Investigative Reporting. A panel of the U.S. Court of Appeals for the Ninth Circuit rejected DOL’s argument that headcount and...
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August 06, 2025
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Category: Agency Enforcement

Senate Confirms Andrea Lucas to Second Term on EEOC

On July 21, the U.S. Senate confirmed Andrea Lucas to a second term on the Equal Employment Opportunity Commission, extending her tenure through 2030. The Senate approved the nomination by a partisan vote of 52 to 45. EEOC’s only confirmed Commissioners are Lucas, a Republican serving as the EEOC’s Acting Chair, and Democrat Kalpana Kotagal. With three seats vacant, the...
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July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Rescinding Regulations Interpreting E.O. 11246

The Labor Department’s Office of Federal Contract Compliance Programs has formally proposed rescinding its regulations that implemented and interpreted Executive Order 11246. President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the proposed rule, the following provisions would be removed from Title 41 of the Code of Federal Regulations: Obligations of Contractors and Subcontractors...
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June 25, 2025
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....
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June 11, 2025
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Category: Agency Enforcement

EEOC Halts Funding for State and Local Investigations of Transgender Bias and Disparate Impact

The Equal Employment Opportunity Commission will no longer reimburse state and local agencies for investigating gender identity, transgender, or disparate impact claims. However, states may continue to fund such investigations on their own, and plaintiffs may still seek redress in federal court. A May 20 memorandum from the EEOC’s Office of Field Programs announced the policy shift, which applies retroactively to January 20,...
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June 11, 2025
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Category: Discrimination and Harassment

Justices Reject Tougher Standard for Discrimination Claims by Majority-Group Plaintiffs

In a unanimous decision, the U.S. Supreme Court rejected the use of a heightened evidence standard for majority-group plaintiffs in Title VII discrimination claims. The court ruled June 5 that the same standards apply to all plaintiffs under Title VII, regardless of their race or sex. The case, Ames v. Ohio Department of Youth Services, was filed by a heterosexual...
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June 02, 2025
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Category: Affirmative Action and Diversity

President Trump Proposes Eliminating OFCCP

President Trump’s FY 2026 budget request proposes abolishing the Office of Federal Contract Compliance Programs. Under this proposal, OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) would shift to the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS), and OFCCP’s enforcement of Section 503 of the Rehabilitation Act would shift to the Equal Employment Opportunity Commission (EEOC). The proposed...
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May 27, 2025
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Category: Agency Enforcement

DOJ Launches Civil Rights Fraud Initiative Targeting Federal Contractors

The U.S. Department of Justice has launched a civil rights fraud initiative that will use the False Claims Act (FCA) to investigate federal contractors’ civil rights violations, DOJ announced May 19. The initiative will be led jointly by DOJ’s Civil Division's Fraud Section — which enforces the False Claims Act, and DOJ’s Civil Rights Division — which enforces civil rights laws....
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