Insights

April 07, 2025
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Category: ADA

Appeals Court: Workers May Qualify for Accommodation Even If They Can Do Job’s Essential Functions

The Americans with Disabilities Act does not preclude employees from receiving a reasonable accommodation even if they are able to perform a job’s essential functions without one, the U.S. Court of Appeals for the Second Circuit ruled March 25. In Tudor v. Whitehall Central School District, a teacher sued her employer after it refused to give her 15-minute breaks to address...
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April 07, 2025
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Category: Compliance Reporting and Recordkeeping

EEOC Seeks To Remove Non-Binary Response Option for EEO-1 Reporting

The Equal Employment Opportunity Commission has asked the White House Office of Management and Budget (OMB) for approval to change the EEO-1 Report’s instructions relating to employees that self-identify as non-binary. Employers likely will be required to report all employees as either male or female in the next reporting cycle. For the past several years, the EEOC has instructed employers that they...
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April 03, 2025
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Category: Agency Enforcement

President Trump Nominates Jonathan Berry for Solicitor of Labor

On March 31, President Trump nominated Jonathan Berry to serve as the Solicitor of Labor. The top lawyer position is the third most senior role at the Labor Department, after the Secretary and Deputy Secretary. Mr. Berry is currently managing partner at the law firm Boyden Grey. He wrote the chapter on Labor Department policies for Project 2025, the Heritage Foundation’s policy...
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April 03, 2025
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Category: Agency Enforcement

President Trump Nominates Crystal Carey as NLRB General Counsel

On March 24, President Trump nominated Crystal Carey to serve as the General Counsel of the National Labor Relations Board. If the Senate confirms her, Carey will take over for Acting General Counsel William B. Cowen, whom President Trump appointed on February 3. In the short time since, Acting General Counsel Cowen has swiftly implemented policy changes by rescinding numerous memoranda issued...
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April 02, 2025
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Category: Affirmative Action and Diversity

Federal Judge Temporarily Stops DOL From Enforcing Part of Executive Orders’ Anti-DEI Provisions

A federal judge on March 27 temporarily stopped the U.S. Labor Department from implementing parts of President Trump’s executive orders relating to diversity, equity, and inclusion. The temporary restraining order from the U.S. District Court for the Northern District of Illinois concerns: the certification provision in E.O. 14173, which requires grant recipients to certify that they do not operate any...
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April 02, 2025
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Category: Affirmative Action and Diversity

CWC’s Guide for “Winding Down” Executive Order 11246 Compliance Requirements

The Center for Workplace Compliance, our affiliated nonprofit membership association, has issued a guide to help federal contractors wind down the affirmative action programs they implemented to comply with the now-rescinded Executive Order 11246. The guide follows a March 24 announcement from OFCCP Director Catherine Eschbach that OFCCP will use all enforcement options to ensure that federal contractors have wound...
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April 02, 2025
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Category: Compliance Tools

CWC’s Updated EEO/AA Union Notification Template

The Center for Workplace Compliance, our affiliated nonprofit membership association, has updated its union notification template to reflect the rescission of E.O. 11246. CWC members that are federal contractors can use this template to notify covered union officials or employee representatives of the employer’s equal opportunity and affirmative action policies and to request their cooperation. OFCCP regulations implementing Section 503...
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April 01, 2025
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Category: Immigration

New CWC Guide to ICE I-9 Audits and Workplace Raids

In light of the Trump Administration’s focus on immigration enforcement, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its guide to I-9 audits and immigration-related workplace raids. CWC’s guide is intended to help members prepare for and respond to audits and workplace raids by the U.S. Immigration and Customs Enforcement (ICE). The 1986 Immigration Reform and...
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March 31, 2025
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Category: Agency Enforcement

FY 2024 EEOC Enforcement Stats Show Increased Charge Filings Overall, Retaliation Most Prevalent

For the third year in a row, there was a notable increase in the number of discrimination charges filed with the Equal Employment Opportunity Commission. Allegations of unlawful retaliation again led the way. EEOC received 88,531 charges alleging employment discrimination, a 9% increase from the year before, according to fiscal year 2024 statistics posted on EEOC’s website. Charges alleging retaliation, totaling...
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March 27, 2025
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Category: Agency Enforcement

President Trump Renominates Andrea Lucas to Second Term on EEOC

On March 24, President Trump nominated Andrea Lucas, a Republican, to a second five-year term as a Commissioner on the Equal Employment Opportunity Commission. Ms. Lucas joined the EEOC in 2020 after President Trump nominated her during his first term. He elevated her to Acting Chair of the EEOC at the beginning of his current term in January. If the...
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