March 05, 2024
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Category: Congress

Federal District Court in Texas Rules PWFA Not Lawfully Enacted, Enjoins Enforcement

A federal district court in Texas has ruled that the Pregnant Workers Fairness Act (PWFA) was not enacted lawfully because the House of Representatives did not have a quorum when it voted on the measure in late 2022. (The House had adopted a rule change in 2020 to temporarily allow proxy voting because of the COVID-19 pandemic.) The case is Texas...
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February 20, 2024
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Category: Discrimination and Harassment

EEOC Revises Procedural Regulations To Incorporate Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has published an interim final rule (IFR) that revises its procedural and administrative regulations to account for the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023. The IFR essentially applies EEOC’s existing procedural and administrative rules for Title VII and the other laws that EEOC enforces to the PWFA. The...
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February 14, 2024
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Category: Agency Enforcement

What’s With the Big Increase Recently in EEOC “Commissioner Charges”?

Enforcement data recently released by the Equal Employment Opportunity Commission (EEOC) show that Commissioners once again heavily used their authority to launch discrimination investigations by filing Commissioner charges. Commissioners filed 35 new Commissioner charges in FY 2023, eclipsing last year’s 20-year record of 29 such charges and wildly surpassing the three Commissioner charges filed in each of FY 2020 and...
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February 06, 2024
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Category: Discrimination and Harassment

EEOC Launches Outreach Initiative Aimed at “Vulnerable Workers and Underserved Communities”

The U.S. Equal Employment Opportunity Commission (EEOC) has launched an initiative entitled “Enhancing OutREACH to Vulnerable Workers and Underserved Communities,” the agency announced January 29, 2024. The agency’s newest commissioner, Kalpana Kotagal, will lead the initiative. The initiative will include in-person and virtual listening sessions with stakeholders throughout the country to identify barriers to reporting discrimination, development of recommendations on effective...
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January 31, 2024
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Category: Affirmative Action and Diversity

Do As We Say?: CFPB Settles Race Discrimination Class Action for $6 Million

After protracted litigation, the Consumer Financial Protection Bureau (CFPB) has agreed to settle an employment discrimination class lawsuit for $6 million, including $1.5 million in attorneys’ fees. The lawsuit began ten years ago, when minority employees accused the CFPB of systemic discrimination,  including persistent pay discrimination compounded by a discriminatory performance review system. In light of this lawsuit, it is ironic...
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January 17, 2024
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Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...
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December 13, 2023
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Category: Discrimination and Harassment

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and...
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December 06, 2023
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Category: Data and Statistics

FY 2022 USERRA Discrimination Complaints Up 17% Over Previous Year

Enforcement statistics released recently by the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) show that discrimination complaints filed with the agency under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for fiscal year (FY) 2022 increased by 17 percent over FY 2021, reversing a decade-long downward trend. USERRA protects the employment and reemployment rights of employees...
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December 05, 2023
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Category: Compliance Reporting and Recordkeeping

OMB Extends Approval of Current EEO-1 “Component 1” Form Through 2026

The White House Office of Management and Budget (OMB) has modified its prior one-year approval of a request from the U.S. Equal Employment Opportunity Commission (EEOC) to extend “Component 1” of the annual Employer Information (EEO-1) Report for an additional two years, until November 30, 2026. Earlier this year, OMB approved continued use of the Component 1 EEO-1 through August...
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November 30, 2023
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Category: Discrimination and Harassment

Apple in Record Settlement with DOJ to Resolve Immigration-Related Discrimination Claims

Apple agreed to pay $25 million in back pay and civil penalties to resolve allegations that it discriminated against U.S. citizens in favor of foreign workers when recruiting for positions through the permanent labor certification program (PERM). Apple does not admit any wrongdoing. The tech giant’s settlement with the Immigrant and Employee Rights Section (IER) of the U.S. Department of...
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