March 03, 2026
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Category: Agency Enforcement

EEOC Federal Sector Decision Reinterprets Title VII Access to Sex Separated Workplace Facilities

The EEOC has issued a decision holding that Title VII permits federal agencies to maintain sex-designated bathrooms and similar intimate spaces and to exclude employees — including transgender employees — from facilities designated for the opposite sex. The ruling overturns the agency’s 2015 Lusardi decision on this point. The decision applies only to federal agencies and has no immediate effect on...
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February 23, 2026
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Category: Membership

CWC Hosts Member Roundtable On State Enforcement Targeting DEI Practices

CWC recently hosted a members-only roundtable examining the growing role of state officials — particularly state attorneys general — in scrutinizing private-sector DEI practices. The discussion drew on recent attorney general letters, investigations, and litigation. Participants observed that this enforcement area remains fluid in part because several recent cases turned on procedural issues rather than substantive determinations. Participants said that...
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February 18, 2026
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Category: Discrimination and Harassment

CWC Hosts Member Roundtable On EEOC’s Rescission Of Harassment Guidance

The Center for Workplace Compliance, our affiliated nonprofit membership association, recently held a members-only roundtable to discuss the impact of the EEOC’s rescission of its 2024 Enforcement Guidance on Harassment in the Workplace. The discussion underscored that organizational values rather than EEOC interpretive documents continue to drive employer standards. Many CWC member organizations reported that the rescission does not alter...
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February 09, 2026
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Category: Agency Enforcement

EEOC Seeks Court Order To Enforce Subpoena In Nike DEI Investigation

The EEOC has petitioned a federal court to enforce a subpoena that it issued while investigating Nike’s DEI practices. The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and materials from Nike’s “Diverse Slates” hiring process. It also requests data on eligibility and selection for internship and leadership programs dating back to 2018. The...
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September 10, 2025
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Category: Policies and Practices

FTC Ends Its Appeal Of Court Decision Blocking Biden-Era Noncompete Rule

The Federal Trade Commission has dropped its appeal of a court decision blocking a Biden-era rule banning most employee noncompete clauses. Instead, the Commission will police unduly restrictive noncompete clauses on a case-by-case basis, the FTC chairman stated. On September 5, the FTC withdrew its appeal to the Fifth Circuit in Ryan, LLC v. FTC, of a district court ruling...
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August 07, 2025
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Category: Policies and Practices

Justice Department Issues Guidance on “Illegal DEI” Practices

The Department of Justice (DOJ) has issued long-anticipated guidance outlining the types of diversity, equity, and inclusion (DEI) and employment practices that may be unlawful under federal civil rights laws. The July 29 memorandum from Attorney General Pamela Bondi identifies several common workplace initiatives — including some DEI trainings, diverse slate mandates, and supplier diversity programs — that many employers...
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July 22, 2025
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Category: Policies and Practices

DOJ Publishes Guidance on Prioritizing English as Official Language

The Justice Department published guidance recommending that federal agencies minimize non-essential multilingual services as part of implementing Executive Order 14224. E.O. 14224 designated English as the official language of the United States and rescinded a Clinton-era executive order that promoted governmental services for individuals with limited English proficiency. DOJ recommends that federal agencies: review any guidance based on E.O. 13166,...
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January 09, 2025
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Category: Data and Statistics

Census of Fatal Occupational Injuries 2023 Indicates Significant Decrease in Workplace Homicides

The number of workplace homicides dropped significantly in 2023 compared with 2022, while the number of suicides occurring in U.S. workplaces increased, according to the government’s most recent survey of workplace fatalities. Overall, workplace homicides and suicides accounted for 14% of total fatal occupational injuries in 2023, down from 14.4% in 2022, according to data from the national Census of...
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January 06, 2025
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Category: Discrimination and Harassment

New EEOC Fact Sheet Highlights Compliance Risks Related to Wearable Technologies in the Workplace

Wearable technologies in the workplace are the subject of a fact sheet released by the Equal Employment Opportunity Commission on December 19, 2024. Examples of wearable devices include smart watches that track employees’ activities or monitor their condition, proximity sensors that warn wearers of nearby hazards, smart glasses and helmets that measure the brain’s electrical activity, and GPS devices that...
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December 09, 2024
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Category: DOL

DOL Appears To Abandon Its Attempt To Overhaul the Registered Apprenticeship Program

The Biden Administration appears to be giving up on its attempt to overhaul the regulations governing registered apprenticeship programs. The Labor Department published its proposed rule on January 17, 2024, and in June sent a draft of the final regulations to the White House Office of Management and Budget for approval. On November 27, 2024, OMB posted on its website that the...
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