May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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May 06, 2024
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Category: CP Featured

EEOC Issues Long-Anticipated New Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued new guidance for preventing harassment in private-sector workplaces. Enforcement Guidance on Harassment in the Workplace supersedes previous guidance issued by the agency in the 1980s and 1990s. The three-member Democratic majority on the Commission approved the guidance April 29, 2024, over the objection of the agency’s two Republican commissioners....
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April 22, 2024
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Category: Discrimination and Harassment

Supreme Court Makes It Easier To Prove Discriminatory Job Transfer Under Title VII

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof for an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act. Title VII prohibits a discriminatory job transfer even if it does not cause an employee significant harm, the U.S. Supreme Court ruled in Muldrow v. St. Louis. Resolving...
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April 03, 2024
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Category: Discrimination and Harassment

Federal Court Rules DOC Minority Business Development Agency Discriminates Based on Race

A federal district court in Texas has permanently enjoined the U.S. Commerce Department’s Minority Business Development Agency (MBDA) from considering an applicant’s race or ethnicity when determining eligibility for the agency’s business assistance programs. In Nuziard v. Minority Business Development Agency, (N.D. Tex. March 5, 2024), a group of White owners of small businesses sued the MBDA after they were denied assistance...
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April 02, 2024
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Category: Discrimination and Harassment

Fourth Circuit Affirms $3.4 Million Title VII Discrimination Award to White Male

The U.S. Court of Appeals for the Fourth Circuit has affirmed a jury verdict in favor of a white male employee who claims he was fired in violation of Title VII of the Civil Rights Act of 1964. The Fourth Circuit found that there was sufficient evidence for the jury to conclude that the plaintiff’s White race and/or male sex...
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March 27, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC’s EEO-1 Filing Instructions Indicate No Changes from Last Year

The process for filing 2023 EEO-1 Reports apparently will be the same as it was for filing 2022 reports, the Equal Employment Opportunity Commission’s (EEOC) website indicates. An updated Instruction Booklet and Data File Upload Specifications posted by the agency on its EEO-1 website indicate that the 2023 filing protocols and data specifications are unchanged from last year. The online portal for filing 2023...
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March 21, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Releases Data Dashboard of “Component 2” Pay Data to Public

The Equal Employment Opportunity Commission has made available to the public a new Data Dashboard based on data that the agency collected from employers for calendar years 2017 and 2018. The dashboard allows users to review and sort aggregate EEO-1 Component 2 pay band data. EEOC Chair Charlotte Burrows said the release of the Component 2 aggregated data can illuminate...
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March 11, 2024
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Category: Appropriations

Congress Flat Funds EEOC for Rest of FY 2024; No Deal Yet on DOL, NLRB Spending

Congress has allocated $455 million to the Equal Employment Opportunity Commission (EEOC) as part of a deal to fund a portion of the federal government through September 30, 2024. President Biden signed the measure March 9. The EEOC’s $455 million appropriation is the same amount it received in FY 2023, despite a request for a budget increase by the Biden...
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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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