December 09, 2024
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Category: Discrimination and Harassment

OFCCP Publishes Guide on Combatting Harassment in the Construction Industry

The Labor Department’s Office of Federal Contract Compliance Programs has published A Guide to Combatting Harassment in the Construction Industry. The guide, released in November, uses a question-and-answer format. Though the guide focuses on federal construction contractors, other employers can use it to better understand and prevent harassment in the workplace. The guide explains that construction contractors have an affirmative obligation...
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November 14, 2024
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Category: Policies and Practices

CFPB Warns That Certain Workplace Monitoring Technologies May Trigger Fair Credit Reporting Act

The Consumer Financial Protection Bureau has issued guidance warning that employers who use specific types of workplace monitoring technologies may inadvertently be risking liability under the Fair Credit Reporting Act (FCRA). Some workplace technology providers may satisfy the definition of a “consumer reporting agency” under the FCRA, according to CFPB’s Circular 2024-06—entitled Background Dossiers and Algorithmic Scores for Hiring, Promotion, and...
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September 05, 2024
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Category: Compliance Reporting and Recordkeeping

Responding to Item 21 on the OFCCP Scheduling Letter’s Itemized Listing

In the year since the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors of an upcoming compliance evaluation, Item 21 on the Itemized Listing has generated confusion. Item 21 asks the contractor to identify and document “policies, practices, or systems used to recruit, screen, and...
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August 01, 2024
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Category: Agency Enforcement

OFCCP Issues New Directive on “Expedited Conciliation Procedures”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a new Directive 2024-01, “Expedited Conciliation Procedures,” that outlines the process that the agency will follow when offering an expedited conciliation option to a federal contractor that is under review. OFCCP’s 2023 rule on Pre-enforcement Notice and Conciliation Procedures details the “expedited conciliation option.” While Directive 2024-01 formally rescinds...
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July 30, 2024
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Category: Regulatory Guidance/Interpretation

New Guidance From CFPB Asserts Confidentiality Agreements Can Violate Whistleblower Laws

The Consumer Financial Protection Bureau (CFPB) has issued guidance stating that broadly-worded confidentiality or nondisclosure agreements (NDAs) may violate federal whistleblower laws by unlawfully deterring employees from exercising their whistleblower rights. Employers that require employees and former employees to sign broad confidentiality or nondisclosure agreements in return for a separation agreement or continued employment risk being found in violation of...
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July 16, 2024
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Category: Discrimination and Harassment

EEOC Officially Rescinds ADA/GINA Interpretive Guidance on Wellness Plan Incentives

More than five years after the Equal Employment Opportunity Commission (EEOC) rescinded portions of its regulations dealing with incentives that employers could offer under corporate wellness plans without violating the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), the agency officially withdrew its guidance interpreting those regulations. While the agency’s action is largely a cleanup exercise, it...
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May 21, 2024
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Category: Disability, Accommodations, and Leaves

Congress Approves Expansion of Lactation Protections for Airline Flight Crews

The FAA Reauthorization Act (H.R. 3935), which was signed into law May 16, 2024, not only reauthorizes the Federal Aviation Administration (FAA) for five years, but it also provides lactation protection for airline crew members. Section 421 of the bill directs the FAA to issue guidance to airlines regarding the expression of milk by crewmembers. Section 421 states that the...
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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 09, 2024
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Category: CP Featured

OFCCP Publishes Helpful Guidance on Use of Artificial Intelligence

A new guidance document from the Labor Department’s Office of Federal Contract Compliance Programs may prove helpful to federal contractors. Artificial Intelligence and Equal Employment Opportunity for Federal Contractors concerns the use of artificial intelligence and other automated systems in the employment context. The guidance responds to President Biden’s Executive Order 14110, which directs federal agencies to develop policies for...
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May 06, 2024
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Category: CP Featured

EEOC Issues Long-Anticipated New Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued new guidance for preventing harassment in private-sector workplaces. Enforcement Guidance on Harassment in the Workplace supersedes previous guidance issued by the agency in the 1980s and 1990s. The three-member Democratic majority on the Commission approved the guidance April 29, 2024, over the objection of the agency’s two Republican commissioners....
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