March 20, 2025
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Category: Affirmative Action and Diversity

EEOC Publishes First Guidance on DEI-Related Discrimination in the Workplace

The Equal Employment Opportunity Commission on March 19 published two documents addressing how workplace practices related to diversity, equity, and inclusion (DEI) may violate Title VII of the Civil Rights Act. The first document — entitled “What To Do If You Experience Discrimination Related to DEI at Work” — aimed at individuals who might have experienced DEI-related discrimination. The second...
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March 20, 2025
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Category: Affirmative Action and Diversity

EEOC Acting Chair Probes DEI Practices of 20 Law Firms

EEOC Acting Chair Andrea Lucas has launched a probe of DEI practices at major law firms. On March 17, she sent letters to 20 firms and established an email address through which whistleblowers can report potentially unlawful activity. The letters ask the firms to supply information about their DEI-related employment practices and express Lucas’s concern that they may entail disparate...
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March 04, 2025
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Category: Agency Enforcement

EEOC To Target Anti-American Bias

The Equal Employment Opportunity Commission will prioritize national origin discrimination claims against employers that illegally prefer non-American workers, EEOC Acting Chair Andrea Lucas announced February 19. EEOC’s new focus is on American workers who are victims of national origin discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin. The agency’s definition of “American”...
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February 19, 2025
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Category: Agency Enforcement

EEOC Signals It Won’t Pursue Claims of Gender Identity Discrimination

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers. Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that Harmony violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s...
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February 11, 2025
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Category: Discrimination and Harassment

The EEOC Begins To Implement President Trump’s “Defending Women” Executive Order

The Equal Employment Opportunity Commission has moved quickly to make changes in response to Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which President Trump issued on January 20. The EEOC announced January 28 that it had: Removed the option to use “X” as a gender marker and “Mx.” as a prefix...
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January 30, 2025
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Category: Discrimination and Harassment

President Trump Fires EEOC Commissioners Burrows and Samuels; General Counsel Gilbride

President Trump has fired three Senate-confirmed Democrats from the Equal Employment Opportunity Commission: Commissioner and former Chair Charlotte Burrows; Commissioner and former Vice Chair Jocelyn Samuels; and General Counsel Karla Gilbride. While Title VII does not include express removal protections like the laws establishing some independent agencies, the White House historically has treated the EEOC with a degree of independence....
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January 27, 2025
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Category: Agency Enforcement

EEOC “Commissioner Charges” Remained Active in FY 2024

Commissioners at the Equal Employment Opportunity Commission have been making above-average use of Commissioner charges to prompt discrimination investigations, according to data released by the EEOC. EEOC Commissioners initiated 33 charges alleging discrimination under Title VII, the ADA, GINA, and PWFA in fiscal year 2024. Commissioner charges are discrimination charges initiated by an EEOC Commissioner. Proposals for Commissioner charges come from various...
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January 22, 2025
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Category: Agency Enforcement

President Trump Designates New Leadership at Workplace Compliance Agencies

President Trump has moved quickly to install new leadership at agencies responsible for workplace compliance. He has already designated new officials at the EEOC, where he named Republican Commissioner Andrea Lucas to serve as Acting Chair, and at the NLRB, where he designated Republican Marvin Kaplan to serve as Chairman. At the Labor Department, he designated career official Vince Micone...
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January 15, 2025
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Category: Agency Enforcement

EEOC Revises Rule Governing EEO Reporting Exemptions

The EEOC issued a final rule January 10, 2025, revising its regulations governing hardship exemptions from annual EEO-1 reporting.   To be exempt from EEO reporting requirements, an employer must show undue hardship. Previously, EEOC Commissioners voted on exemption applications. Now, however, the Chief Data Officer will process applications. Under the new rule, an exemption is more likely to be granted when: The filer...
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January 09, 2025
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Category: Agency Enforcement

EEOC and OFCCP Modify Long-Standing MOU; DOJ Ends Its Participation

The Equal Employment Opportunity Commission and DOL’s Office of Federal Contract Compliance Programs signed a new Memorandum of Understanding (MOU) December 17, 2024, outlining how they will share information and process discrimination charges and complaints. Before doing so, the agencies rescinded a similar 2020 MOU that included the Department of Justice. The EEOC enforces Title VII of the 1964 Civil...
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