Insights

June 11, 2025
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Category: Discrimination and Harassment

Justices Reject Tougher Standard for Discrimination Claims by Majority-Group Plaintiffs

In a unanimous decision, the U.S. Supreme Court rejected the use of a heightened evidence standard for majority-group plaintiffs in Title VII discrimination claims. The court ruled June 5 that the same standards apply to all plaintiffs under Title VII, regardless of their race or sex. The case, Ames v. Ohio Department of Youth Services, was filed by a heterosexual...
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June 10, 2025
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Category: Agency Enforcement

Trump Seeks Significant Cuts to FY26 Budget of Workplace Regulators

President Trump’s proposed budget for fiscal year 2026 would eliminate the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) and substantially cut funding for most agencies that regulate the workforce. The President submitted his budget request to Congress May 30. DOL’s Veterans’ Employment and Training Service (VETS) would assume OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA,...
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June 06, 2025
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Category: Government Contracts

Federal Court Blocks Attempt To End PLA Mandate for Large Construction Projects

A federal court has issued a preliminary injunction that effectively requires federal contracting agencies to continue to require Project Labor Agreements (PLAs) for large-scale construction projects. The U.S. District Court for the District of Columbia made the ruling May 16 in North America’s Building Trades Unions v. Department of Defense. In January 2024, the Federal Acquisition Regulatory (FAR) Council implemented...
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June 03, 2025
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Category: Disability, Accommodations, and Leaves

Judge Vacates Workplace Abortion Accommodation Provisions of PWFA

The Equal Employment Opportunity Commission cannot mandate accommodations to employees undergoing elective abortions, a federal judge ruled May 21. The U.S. District Court for the Western District of Louisiana ordered the EEOC to remove abortion accommodation requirements from its Pregnant Workers Fairness Act rule. The judge vacated the parts of the PWFA rule that included abortion in the definition of “pregnancy, childbirth or...
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June 02, 2025
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Category: Immigration

FY 2026 H-1B Visa Lottery Sees Decrease in Registrations

The U.S. Citizenship and Immigration Services reported a decrease in registrations for the fiscal year 2026 H-1B lottery compared with last year, continuing a trend observed in the FY 2025 lottery. Eligible registrations dropped significantly from 758,994 in FY 2024 to 470,342 in FY 2025 to 343,981 in FY 2026. This year marks the lowest number of registrations since the first...
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June 02, 2025
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Category: Affirmative Action and Diversity

President Trump Proposes Eliminating OFCCP

President Trump’s FY 2026 budget request proposes abolishing the Office of Federal Contract Compliance Programs. Under this proposal, OFCCP’s enforcement of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) would shift to the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS), and OFCCP’s enforcement of Section 503 of the Rehabilitation Act would shift to the Equal Employment Opportunity Commission (EEOC). The proposed...
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May 29, 2025
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Category: Affirmative Action and Diversity

Federal Court Cancels FCC Demographic Data Collection

A federal appeals court has vacated an order from the Federal Communications Commission that would have required broadcasters to file annual workplace demographic reports similar to the EEO-1. The FCC mandated these reports from 1970 to 2001 until court rulings led to their suspension. Last year, the FCC voted 3 to 2 to reinstate Form 395-B, demanding demographic data from...
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May 28, 2025
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Category: Affirmative Action and Diversity

CWC’s Guide to New Jersey State Contractor Affirmative Action Requirements

The Center for Workplace Compliance, our affiliated nonprofit membership association, has updated a resource to help CWC members understand the equal employment opportunity and affirmative action obligations that New Jersey imposes on its state contractors. The New Jersey Treasury Department’s Division of Public Contracts Equal Employment Opportunity Compliance administers New Jersey’s contract compliance program. The division has published guidance, required...
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May 27, 2025
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Category: Agency Enforcement

EEOC Subpoena Enforcement Suggests Focus on Anti-American Discrimination

The Equal Employment Opportunity Commission is seeking to enforce a subpoena against Mauser Packaging Solutions in connection with a Commissioner’s charge alleging unlawful steering and discrimination against American workers. The EEOC asserts that Mauser has not complied with its information requests seeking an electronic database of job candidates and incumbent employees at eight facilities over four years, including demographic, personnel, and contact...
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May 27, 2025
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Category: Immigration

USCIS Alerts Employers of an E-Verify System Error Impacting Mismatch Cases

A technical glitch in the E-Verify system may require some employers to create a new E-Verify case for employees who received a final nonconfirmation. U.S. Citizenship and Immigration Services alerted employers on May 19 that a system error caused some Social Security Administration (SSA) tentative nonconfirmation (mismatch) cases that were referred between April 9 and May 5 to incorrectly receive...
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