Insights

November 11, 2022
|
Category: Agency Enforcement

OFCCP Closes FY 2022 With Thirteen New Financial Settlements

As we anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) closed out its 2022 fiscal year (October 1, 2021 – September 30, 2022) by announcing a flurry of major new financial settlements. Indeed, the 13 new financial settlements announced since our last update in September double the total number of financial settlements announced by OFCCP in FY...
Read More
November 11, 2022
|
Category: Disability, Accommodations, and Leaves

FMLA Ruling by Tenth Circuit in Parker v. United Airlines Rejects “Cat’s Paw” Claim

The U.S. Court of Appeals for the Tenth Circuit ruled recently that an employer wasn’t liable under the Family and Medical Leave Act (FMLA) under the so-called “cat’s paw” theory of discrimination. In this case, the plaintiff claimed she was unlawfully fired based on the retaliatory bias of a supervisor who objected to her taking approved FMLA leave. In a...
Read More
November 11, 2022
|
Category: Agency Enforcement

EEOC Releases Draft 2022-2026 “Strategic Plan” for Public Comment

As anticipated, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) has published its draft “Strategic Plan” for fiscal years (FY) 2022-2026 for public comment. The high-level Strategic Plan (Plan), once adopted, is designed to outline the EEOC’s enforcement and management goals over the next five years, and the strategy for achieving them. More specifics as to how the EEOC...
Read More
November 07, 2022
|
Category: Agency Enforcement

As Expected, OFCCP Adopts EEOC’s New “Know Your Rights” Poster

We reported last week that the Equal Employment Opportunity Commission (EEOC) has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that covered employers have used for many years to meet EEOC and Office of Federal Contract Compliance Programs (OFCCP) posting requirements. As we predicted, the Labor Department’s OFCCP has now also announced...
Read More
November 07, 2022
|
Category: Agency Enforcement

EEOC Ends Fiscal Year 2022 With a Flurry of New Lawsuits

It is not unusual for a federal enforcement agency with litigation authority such as the Equal Employment Opportunity Commission (EEOC or Commission) to wrap up its fiscal year (FY) by filing a slew of new lawsuits or to announce new settlements to demonstrate that agency lawyers are doing their job. That said, the EEOC may have set a new milestone...
Read More
November 07, 2022
|
Category: Compliance Tools

Revise Model Self-ID Form Strengthens Confidentiality Disclaimer

The self-identification forms used by many employers in response to government demographic data reporting requirements typically contain a prominent disclosure that personal identifying data such as race, ethnicity, and sex will be kept confidential subject to certain conditions. For many years, we have made available to our employers a “model self-ID template” that contains a suggested confidentiality disclaimer. We are...
Read More
November 07, 2022
|
Category: State and Local Law

Interstate: November 2022 Update

We are pleased to present the latest edition in our ongoing “Interstate” memo series, a service we provide on a periodic basis to provide timely updates on new state and local workplace compliance developments. This latest edition of Interstate covers notable state and local developments that have occurred since our last update in September. Members of the Center for Workplace...
Read More
October 28, 2022
|
Category: Discrimination and Harassment

Congress Tees Up Bill To End Pre-Dispute NDAs Related to Sexual Assault or Harassment

Before leaving town for pre-election campaigning, the U.S. Senate quietly approved the so-called “Speak Out Act” (S. 4524), legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or harassment. If approved by the House during the upcoming lame duck session – a real possibility given widespread bipartisan support for banning such NDAs – the...
Read More
October 28, 2022
|
Category: Agency Enforcement

Labor Department Files Two OFCCP Lawsuits, Doubling Previous Total

Despite the fact that we fully expected the Biden Administration’s Department of Labor (DOL) to be aggressive in filing formal enforcement actions against federal contractors for failure to comply with requirements imposed by the department’s Office of Federal Contract Compliance Programs (OFCCP), there had been only two OFCCP-related lawsuits filed by DOL since President Biden took office – until now....
Read More
October 28, 2022
|
Category: Immigration

DHS Urged To Adopt Permanent Remote I-9 Document Verification Policy

For the second time in a year, our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the U.S. Department of Homeland Security (DHS) in response to a request for public input on whether the agency should make permanent its current temporary policy of allowing employers to remotely examine Form I-9 identity and work authorization...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch

Talk with an EASI Consultant.

Get in Touch