Insights

February 26, 2025
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Rules States Have Standing To Challenge PWFA Regulations

A group of 17 states challenging regulations that require employers to reasonably accommodate employees seeking abortions may proceed with its lawsuit, a federal appeals court ruled February 20. In Tennessee v. EEOC, the U.S. Court of Appeals for the Eighth Circuit found that the states had standing to sue because the EEOC’s rule implementing the Pregnant Workers Fairness Act would...
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February 25, 2025
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Category: Disability, Accommodations, and Leaves

Biden’s Wage and Hour Division Publishes Guidance in Final Days

In the final days of the Biden Administration, DOL’s Wage and Hour Division issued two opinion letters. WHD opinion letters are not binding on the courts, but employers may rely on them. DOL Opinion Letter FMLA 2025-01-A — FMLA interplay with state and local paid leave programs DOL Opinion Letter FMLA 2025-01-A states that an employer cannot require an employee who...
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February 25, 2025
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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February 25, 2025
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Category: Affirmative Action and Diversity

CWC’s Updated Equal Opportunity and Affirmative Action Policy Templates

CWC, our affiliated nonprofit membership association, has updated its equal opportunity and affirmative action policy statement templates to reflect the rescission of Executive Order 11246. These templates, available to our member companies, can help federal contractors as they review their policies to ensure compliance with E.O. 14173. There are two versions of the templates: (1) an Affirmative Action Policy Statement,...
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February 20, 2025
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Category: Agency Enforcement

White House Restricts the Power of Independent Agencies

President Trump signed an executive order February 18 that will sharply limit the autonomy of independent federal agencies, such as the NLRB. The E.O., entitled “Ensuring Accountability for All Agencies,” seeks to control independent agencies by: Subjecting their regulatory activity and strategic plans to review by the White House Office of Management and Budget; Establishing performance standards for independent agency heads;...
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February 20, 2025
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Category: Discrimination and Harassment

GSA Directs Removal of EO 11246 Provisions From Federal Contracts and Solicitations

The General Services Administration has published a class deviation directing the removal of provisions related to Executive Order 11246 from federal contracts. President Trump rescinded E.O. 11246 by issuing E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. A class deviation is a change in contracting policy that can be implemented more quickly than a formal revision of acquisition regulations. The...
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February 19, 2025
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Category: Agency Enforcement

EEOC Signals It Won’t Pursue Claims of Gender Identity Discrimination

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers. Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that Harmony violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s...
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February 18, 2025
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Category: Artificial Intelligence

Updated California Proposed AI Rules Published

California’s Civil Rights Department (CRD) has updated its proposed regulations for employers’ use of artificial intelligence (AI) and automated decision-making systems. The updated proposed rules expressly state that an employer’s failure to test AI tools for bias could be relevant to a discrimination claim. The new version of the proposed rules also removes language creating liability for AI developers and a definition of...
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February 18, 2025
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Category: Government Contracts

Defense Department To Stop Using Project Labor Agreements on Large Construction Projects

The Defense Department has published a class deviation directing the agency’s contracting officers to cease using project labor agreements (PLAs) on large construction projects, a signal that the Trump Administration may be considering reversing this Biden-era priority. PLAs are essentially pre-hire agreements that mandate the use of union labor. The use of PLAs has long been contentious, with Democratic administrations...
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February 13, 2025
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Category: Affirmative Action and Diversity

Enforcement of E.O. 14173 Begins

The Trump Administration has wasted no time in beginning to enforce Executive Order 14173, which instructs all federal agencies to enforce civil rights laws and combat illegal private sector diversity, equity, and inclusion activities. The Federal Communications Commission has launched an investigation into the DEI practices of Comcast Corporation and NBCUniversal. The FCC selected Comcast for review because of “substantial...
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