Insights

October 25, 2023
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Category: Discrimination and Harassment

CWC’s Updated Primer on Proactive Harassment Prevention and Risk Mitigation Strategies

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on workplace harassment prevention and risk mitigation strategies. Unlawful workplace harassment is one of the most common bases of alleged discrimination charges filed with the Equal Employment Opportunity Commission (EEOC), and the EEOC recently issued a proposal for updating its guidance for preventing workplace harassment...
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October 23, 2023
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Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...
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October 19, 2023
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Category: Congress

U.S. Senate Confirms Plaintiffs’ Lawyer Karla Gilbride as EEOC General Counsel

Nearly a year and a half after President Biden originally nominated her, the U.S. Senate in a partisan vote confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission (EEOC). The position has been filled on an acting basis since Biden’s controversial firing of former General Counsel Sharon Fast Gustafson, a Trump...
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October 18, 2023
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Category: ADA

Eleventh Circuit Rules Again That ADA Does Not Allow Claim by Former Employee

Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite...
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October 17, 2023
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Category: Disclosure/Reporting

Reminder: Employers Must Start Using New I-9 Form by November 1

Employers must begin using the new Employment Eligibility Verification (I-9) form for all new hires and reverifications by November 1, 2023. The new Form I-9 is marked “Edition 08/01/23” and displays an expiration date of 07/31/2026. It is available for download on the U.S. Citizenship and Immigration Services (USCIS) I-9, Employment Eligibility Verification webpage. The new I-9 does not alter an employer’s substantive responsibilities...
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October 16, 2023
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Category: Disability, Accommodations, and Leaves

CWC Tells EEOC That Proposed PWFA Regulations Go Beyond Congressional Intent

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) about the EEOC’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act (PWFA). While CWC supports many of the proposed provisions as consistent with the PWFA’s statutory language, CWC pointed out several provisions in...
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October 11, 2023
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Category: Discrimination and Harassment

EEOC Proposes Updated Anti-Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued proposed anti-harassment guidance for private sector employers to reflect legal and societal changes that have occurred since the 1990s. When finalized, the updated guidance will supersede previous anti-harassment guidance issued by the EEOC in the 1980s and 1990s. The long-awaited proposal, which takes an expansive view of the definition...
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October 11, 2023
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Category: Compliance Reporting and Recordkeeping

2022 EEO-1 Filing Season Update

As the season approaches for filing the 2022 “Component 1” Employer Information (EEO-1) Reports with the Equal Employment Opportunity Commission (EEOC), some questions about filing procedures remain unanswered, particularly for online filers. The EEOC has made several significant changes to the filing process, especially for filers using the popular “Data File Upload” option. Last week, representatives from EEOC’s Office of...
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October 10, 2023
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Category: Litigation

U.S. Supreme Court To Hear Several Important Employment-Related Cases During Upcoming Term

The U.S. Supreme Court will hear several cases concerning employment law during its 2023-2024 term that opened at the beginning of October. While none of these cases is likely to generate the widespread attention received by last term’s college admissions affirmative action ruling, the impact on employers could be extensive. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit...
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October 09, 2023
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Category: Executive Order

DOL Announces Federal Contractor Minimum Wage Rates To Increase on January 1, 2024

The minimum wage rates for work performed under specified government contracts will increase January 1, 2024, the U.S. Department of Labor (DOL) recently announced. The minimum wage under contracts subject to E.O. 13658 (President Obama’s executive order relating to certain government contracts entered into, renewed, or with options exercised before January 30, 2022), will increase from $12.15 to $12.90. The...
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