June 05, 2026
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Category: Agency Enforcement

EEOC’s New Enforcement Plan Signals Shift In Priorities

The EEOC adopted a new National Enforcement Plan June 4 that signals a significant shift in its priorities toward intentional discrimination claims and away from disparate impact cases. The NEP confirms that the EEOC will devote greater attention to employers’ recruiting, hiring, promotion, and DEI-related practices. The NEP’s enforcement priorities include scrutiny of: job ads that refer to race or diverse...
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June 04, 2026
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Category: State and Local Compliance

New Jersey Appeals Court Reinstates Recreational Cannabis User’s Lawsuit

New Jersey’s cannabis law allows job applicants and employees to sue over adverse employment actions tied to recreational cannabis use, New Jersey’s intermediate appellate court ruled May 26. In Sanders v. The Levari Group, the court reinstated a job applicant’s claim that she was denied employment after testing positive for cannabis. New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...
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May 14, 2026
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Category: Discrimination and Harassment

EEOC Targets Vendor Hiring Assessments That May Trigger Retaliation Concerns

An employer cannot avoid accountability for problematic pre-employment assessments by outsourcing applicant screening to outside vendors, the Equal Employment Opportunity Commission has signified. In a subpoena enforcement action, the EEOC asked a federal court to compel a third-party vendor to produce information about pre-offer suitability assessments that it administered for a public employer.   Pre-employment screening assessment items that reference prior complaints, EEOC activity, or legal proceedings are not automatically unlawful, but they are likely to draw scrutiny because they could deter applicants from...
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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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June 18, 2025
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Category: Affirmative Action and Diversity

OPM Unveils Merit Hiring Plan: DEI Restrictions, Patriotism Emphasized

The Trump Administration has announced new hiring criteria for federal jobs.  The new strategy prohibits diversity, equity, and inclusion (DEI) considerations and establishes patriotism as a selection criterion. It also prohibits agencies from distributing workforce demographic data. In a May 29 memorandum, the Office of Personnel Management (OPM) outlined a Merit Hiring Plan consistent with Executive Order 14170. Key provisions include: Prohibiting the...
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October 16, 2024
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Category: Affirmative Action and Diversity

Highlights From CWC’s Tenth Annual Talent Acquisition Compliance Summit

The Center for Workplace Compliance, our affiliated nonprofit membership association, held its tenth annual Talent Acquisition Compliance Summit October 3 and 4 in Reston, Va. The summit featured presentations, facilitated discussions, and small-group sessions covering legal, regulatory, and policy developments affecting recruitment and selection. Session topics included: “Ten Key Metrics for Evaluating TA Diversity and Compliance,” which examined ways to...
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July 02, 2024
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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June 27, 2024
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter Available to CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for good faith outreach letters. CWC members can use this template when contacting external sources for help in identifying diverse candidates that they can recruit for job openings in their companies. This template can help members that are government contractors demonstrate their efforts to comply with...
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January 03, 2024
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Category: Affirmative Action and Diversity

CWC’s Updated College and University Graduate Diversity Data Resources, 2021-2022

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has compiled a series of tables and online tools to help companies develop or refine their college recruitment strategy. CWC devised the tables based on data that it obtained from the U.S. Department of Education (DOE). The tables show demographic data by academic award level for the 38 degree...
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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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