Insights

June 08, 2023
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Category: Discrimination and Harassment

EEOC Issues New Anti-Harassment Guidance for Federal Sector

The U.S. Equal Employment Opportunity Commission (EEOC) recently published anti-harassment guidance applicable to the federal sector, following up on its 2017 anti-harassment guidance for the private sector. EEOC’s Promising Practices for Preventing Harassment in the Federal Sector contains several recommendations that private sector employers might find helpful, however, including examples of workplace harassment related to technology. Members of the Center for...
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June 07, 2023
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Category: Agency Enforcement

New OFCCP Report Highlights FY 2022 Accomplishments of Agency’s Ombuds Service

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a report highlighting the activities and accomplishments of the agency’s Ombuds Service in fiscal year 2022. The report, OFCCP’s FY 2022 Ombuds Service Annual Report, suggests that this relatively new service is achieving its goal of facilitating “the fair and equitable resolution of specific types of concerns raised by...
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June 01, 2023
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Category: Discrimination and Harassment

Goldman Sachs Settles Long-Running Pay Discrimination Case for $215 Million

In one of the largest pay discrimination settlements in history, Goldman Sachs has agreed to settle with 2,887 women who worked for the company during the applicable time periods. Under the agreement, more than 60 percent of the $215 million settlement would go to class members, and more than $79 million would go to attorneys’ fees and litigation expenses. The...
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May 31, 2023
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Category: Talent Acquisition and Management

New General Accountability Office Report Is Critical of Noncompete Agreements

A report released last month by the U.S. Government Accountability Office (GAO) finds that noncompete agreements tend to reduce workers’ pay by impairing their ability to change jobs or bargain for higher wages with their employer. The report, which a group of U.S. Senators requested more than four years ago, comes at the same time that the U.S. Federal Trade...
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May 30, 2023
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Category: Disability, Accommodations, and Leaves

DOL Makes Available New Version of Its FMLA Rights Poster

The Labor Department recently published a new version of the poster that informs employees of their rights under the Family and Medical Leave Act. The updated poster, which can be downloaded from DOL’s website, contains a QR code that links to a DOL webpage containing information on filing a complaint. Although employers are free to use the new poster, they...
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May 30, 2023
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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May 30, 2023
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Category: Agency Enforcement

Ruling by Eleventh Circuit in EEOC v. Eberspaecher Limits Scope of Agency Subpoena

The Equal Employment Opportunity Commission (EEOC or Commission) has broad authority under the statutes it enforces to investigate alleged violations, including the right to demand relevant information. While the federal courts are inclined to defer to the EEOC’s often broad information requests, this does not always happen, as EEOC v. Eberspaecher North America illustrates. In Eberspaecher, a split three-judge panel of...
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May 25, 2023
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Category: Talent Acquisition and Management

CWC Comments to FTC Urge Withdrawal of Controversial Non-Compete Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the Federal Trade Commission (FTC) urging the agency to withdraw its proposed rule that, if implemented, effectively would ban non-compete agreements between most employers and their employees. Because the agency appears committed to moving forward, however, we also recommended ways to narrow the ban’s scope, such...
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May 24, 2023
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Category: Affirmative Action and Diversity

Center for Workplace Compliance Files Comments Urging OMB To Reject OFCCP’s Revised Scheduling Letter

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) has filed comments with the White House Office of Management and Budget (OMB) urging OMB to reject burdensome changes that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has proposed to its compliance audit scheduling letter and accompanying itemized listing. OFCCP’s revised scheduling letter would require covered federal...
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May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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