Insights

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Category: Discrimination and Harassment

$10 Million Settlement Warns Against Judging Sincerity Of Religious Beliefs

The University of Colorado medical school will pay more than $10 million to settle claims from 18 employees and students who allege that the school’s COVID-19 vaccination exemption policy was unconstitutional. The school’s policy required evidence that an employee’s religion forbids immunization and rejected employee COVID-19 immunization exemption requests that it deemed personal or not part of a recognized belief...
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Category: Agency Enforcement

CWC Resource Explains Occupational Employment and Wage Statistics Report

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published a resource that guides employers in responding to the U.S. Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) report. BLS collects and publishes information about the U.S. labor market and economy. The OEWS report is one survey that BLS uses to collect employment and wage data...
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Category: Discrimination and Harassment

EEOC Fact Sheet On Discrimination Against American Workers Needn’t Be Posted But Should Be Followed

The Equal Employment Opportunity Commission has released a fact sheet about discrimination against American workers. The EEOC is not mandating that employers post the new fact sheet or its recent guidance on DEI-related discrimination. However, these documents signal the EEOC’s enforcement priorities and evolving interpretations of nondiscrimination laws. Therefore, employers should review their workplace policies and be on the watch for...
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Category: Discrimination and Harassment

EEOC Focuses on Protecting American Workers From Discrimination

The Equal Employment Opportunity Commission has released a fact sheet and refreshed its national origin discrimination resources, underscoring a renewed federal focus on protecting American workers from unlawful bias. While the guidance does not introduce new legal standards, it reinforces that Title VII strictly prohibits employers from favoring foreign applicants or employees — including those with specific visa statuses — over American...
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Category: Discrimination and Harassment

Sixth Circuit Rules Section 504 Bars Retaliation Claims

Retaliation claims may not be filed under Section 504 of the Rehabilitation Act, the U.S. Court of Appeals for the Sixth Circuit ruled November 21 in Smith v. Michigan Department of Corrections. Section 504 prohibits disability discrimination by entities receiving federal financial assistance. Although Section 504 incorporates the Americans with Disabilities Act employment discrimination standards, the Smith panel found no...
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Category: Disability, Accommodations, and Leaves

FAR Council Raises Section 503 And VEVRAA Jurisdiction Thresholds

The Federal Acquisition Regulatory Council recently raised the contract dollar thresholds that trigger compliance obligations for Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. Section 503’s nondiscrimination thresholds are now triggered by contracts exceeding $20,000 (up from $15,000), while the corresponding VEVRAA thresholds are now triggered by contracts valued at $200,000...
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Category: Affirmative Action and DEI

CWC Updates Guide To Madison WI Contractor Affirmative Action Requirements

CWC has prepared a resource detailing the affirmative action requirements for city contractors in Madison, Wisc. Madison’s Department of Civil Rights monitors compliance with these requirements. The department publishes a model affirmative action program, required notices, and a best practices guide for contractors submitting affirmative action information. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published CWC’s Guide...
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Category: Immigration

DHS Proposes Rescinding Biden’s Public Charge Rule So It Can Adopt A More Flexible Policy

The Department of Homeland Security has proposed rescinding the Biden Administration’s “public charge” rule so it can include non-cash benefits when determining whether an alien is likely to be financially dependent on the government. This could increase documentation requirements and processing times for some employment-based immigration cases. The 2022 rule allows DHS to deny a petition to adjust immigration status...
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Category: Agency Enforcement

President Trump Nominates Carter Crow As EEOC General Counsel

President Trump has nominated Houston lawyer M. Carter Crow to serve as the next General Counsel of the Equal Employment Opportunity Commission. Crow is currently Global Head of Employment and Labor at international law firm Norton Rose Fulbright. Crow represents employers in employment litigation and class actions, especially wage and hour matters. Previously, he served as Parter-in-Charge of the firm’s...
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Category: Wage and Hour

House Committee To Consider Three Wage And Hour Reforms

The House Committee on Education and the Workforce on November 20 will debate three wage and hour bills that seek to make important changes to federal wage and hour law: H.R. 2870, the Working Families Flexibility Act, would legalize employer-employee agreements for compensatory time off, subject to strict safeguards; H.R. 2312, the Tipped Employee Protection Act, would broaden the definition...

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