February 26, 2024
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Category: Compliance Reporting and Recordkeeping

Disclosure of Federal Contractor EEO-1 Reports on Hold After DOL Appeals

A federal court has temporarily stayed its order from December 2023 forcing the Department of Labor (DOL) to release EEO-1 reports from federal contractors that objected to the data’s release. The case arose from a news organization’s Freedom of Information Act (FOIA) request. The U.S. District Court for the Northern District of California on February 16, 2024, put on hold...
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February 12, 2024
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Category: Labor Relations

Constitutionality of the National Labor Relations Board Challenged in Recent Litigation

Even though the National Labor Relations Board (NLRB or Board) has been around for almost 90 years, two companies are now pursuing litigation questioning the agency’s constitutionality. The National Labor Relations Act (NLRA) created the NLRB in 1935, and the Board has issued thousands of administrative rulings since then. Nevertheless, SpaceX and Trader Joe’s are challenging the Board’s very constitutionality...
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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 23, 2024
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Category: Labor Relations

D.C. Circuit Affirms NLRB Ruling That T-Mobile Operated an Illegal Company Union

Wireless telecommunications carrier T-Mobile established an illegal company union that must be dissolved, a divided appeals court panel ruled January 12, 2024. T-Voice, a worker feedback program created by T-Mobile, fit the definition of a labor organization under the National Labor Relations Act (NLRA), a panel of the U.S. Court of Appeals for the District of Columbia held. The panel...
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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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January 17, 2024
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Category: Arbitration and Dispute Resolution

Federal Court Cements Ban On California’s Latest Attempt To Outlaw Employment Arbitration

California cannot prohibit employers from requiring employees to sign arbitration agreements as a condition of employment, under a federal court order entered January 2, 2024. The permanent injunction came in a lawsuit from the U.S. Chamber of Commerce challenging a 2019 California law that effectively barred mandatory arbitration of employment disputes. The order from the U.S. District Court for the Eastern...
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January 10, 2024
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Category: ADA

Tenth Circuit Rejects Open-Ended Leave as ADA Reasonable Accommodation

The U.S. Court of Appeals for the Tenth Circuit has ruled that a request for open-ended leave by a casino worker whose absences violated the casino’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act (ADA). In Davis v. PHK Staffing, the Tenth Circuit upheld a federal trial court’s grant of summary judgment for the...
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January 04, 2024
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Category: Compliance Reporting and Recordkeeping

Federal Court Tells OFCCP To Disclose Consolidated EEO-1 Data, Despite Contractor Objections

A federal district court in California has ordered the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to turn over federal contractors’ EEO-1 “Type 2” consolidated data in response to a Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting (CIR), a California-based public interest group. After giving contractors time to object, in April 2023, OFCCP...
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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 07, 2023
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Category: Labor Relations

Fifth Circuit Reverses Biden-Era NLRB Ruling on Tesla’s “Team Wear” Policy

The U.S. Court of Appeals for the Fifth Circuit has overturned a ruling from the National Labor Relations Board (NLRB) finding that a team-wear policy of non-union automaker Tesla violated federal labor law. Tesla’s policy required employees to wear t-shirts emblazoned with the company logo. It allowed employees to wear stickers with union insignia on the shirts, but it did...
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