May 23, 2024
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Category: Compliance Reporting and Recordkeeping

DOL’s Brief to Ninth Circuit in EEO-1 Data FOIA Litigation Defends Nondisclosure

The Office of Federal Contract Compliance Programs (OFCCP) should not be required to disclose the EEO-1 data of federal contractors that objected to the data’s release, the Labor Department told a federal appellate court in a brief filed May 9, 2024. In Center for Investigative Reporting v. U.S. Department of Labor, the U.S. District Court for the Northern District of...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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May 13, 2024
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Category: Compensation

Washington State’s Pay Transparency Law Is Spurring Litigation

Two recent lawsuits brought under Washington state’s salary range disclosure law offer insights into various possible outcomes under the statute as lawsuits begin playing out in court. In Atkinson v. Aaron’s LLC, the U.S. District Court for the Western District of Washington dismissed a job applicant’s claim, finding that he lacked standing to sue because he had not suffered a...
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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 07, 2024
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Category: Executive Order

Federal Appeals Court Upholds Biden’s Federal Contractor Minimum Wage

President Biden had the authority to establish a minimum wage for federal contractors that exceeds the federal statutory minimum wage, the U.S. Court of Appeals for the Tenth Circuit ruled April 30, 2024. In Bradford v. DOL, the Tenth Circuit became the first federal appeals court to rule on a challenge to the federal contractor minimum wage, although appeals are...
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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 26, 2024
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Category: Affirmative Action and Diversity

Eleventh Circuit Rules Florida’s “Stop WOKE Act” Cannot Be Enforced Against DEI Training

Florida still cannot enforce its Individual Freedom Act, nicknamed the “Stop WOKE Act,” after a federal appeals court upheld a federal district court’s preliminary injunction. In Honeyfund v. Florida, 11th Cir. (March 4, 2024), a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the preliminary injunction granted by the U.S. District Court for the Northern...
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March 12, 2024
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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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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