November 09, 2023
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Category: Compliance Reporting and Recordkeeping

Distilling EEOC’s Posted Guidance Regarding This Year’s EEO-1 Filing Season

As the online portal for filing the 2022 Component 1 Employer Information (EEO-1) Reports opened last week, the changes made this year by the Equal Employment Opportunity Commission (EEOC) to the EEO-1 filing procedures have generated many questions from filers. The EEOC responded by posting 93 pages of FAQs on its EEO-1 website, designated as Volume 2 and Volume 3. The guidance itself has...
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November 07, 2023
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Category: Comment Letter

CWC Urges EEOC To Conform New Workplace Harassment Guidance to Established Legal Principles

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) on its proposed enforcement guidance on workplace harassment liability. Once adopted, the revised guidance will supersede existing guidance on the topic issued by the Commission over the last two decades. Our comments support the commission’s goal...
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October 31, 2023
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Category: Affirmative Action and Diversity

CWC’s Primer on Title VI of the Civil Rights Act of 1964

Since the U.S. Supreme Court invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina (UNC), critics of affirmative action and corporate Diversity, Equity, and Inclusion (DEI) programs have claimed that the ruling supports legal challenges to corporate employment policies and programs. The Court’s ruling was limited to the higher education context, but the Justices...
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October 25, 2023
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Category: Discrimination and Harassment

CWC’s Updated Primer on Proactive Harassment Prevention and Risk Mitigation Strategies

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on workplace harassment prevention and risk mitigation strategies. Unlawful workplace harassment is one of the most common bases of alleged discrimination charges filed with the Equal Employment Opportunity Commission (EEOC), and the EEOC recently issued a proposal for updating its guidance for preventing workplace harassment...
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October 19, 2023
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Category: Congress

U.S. Senate Confirms Plaintiffs’ Lawyer Karla Gilbride as EEOC General Counsel

Nearly a year and a half after President Biden originally nominated her, the U.S. Senate in a partisan vote confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission (EEOC). The position has been filled on an acting basis since Biden’s controversial firing of former General Counsel Sharon Fast Gustafson, a Trump...
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October 18, 2023
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Category: ADA

Eleventh Circuit Rules Again That ADA Does Not Allow Claim by Former Employee

Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite...
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October 11, 2023
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Category: Discrimination and Harassment

EEOC Proposes Updated Anti-Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued proposed anti-harassment guidance for private sector employers to reflect legal and societal changes that have occurred since the 1990s. When finalized, the updated guidance will supersede previous anti-harassment guidance issued by the EEOC in the 1980s and 1990s. The long-awaited proposal, which takes an expansive view of the definition...
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October 02, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Official: New Pregnant Workers Fairness Act Is Not Gender-Specific

An official from the Equal Employment Opportunity Commission (EEOC) said recently that the coverage of the Pregnant Workers Fairness Act (PWFA) is not gender-specific. The EEOC declined to elaborate, so the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, wrote an analysis of whether and how the PWFA could apply to people who do not identify as women....
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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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