Insights

January 27, 2026
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Category: Discrimination and Harassment

Florida And Texas AG Letters Signal Heightened Legal Scrutiny Of DEI Programs

The Attorneys General of Florida and Texas issued opinion letters last week calling many DEI programs unlawful, reflecting increased state enforcement against race- and sex-conscious policies. Florida Attorney General James Uthmeier issued a formal opinion finding that dozens of state laws requiring race-based preferences, classifications, or quotas violate the U.S. Constitution’s Equal Protection Clause and Florida’s Constitution. Relying heavily on...
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January 26, 2026
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Category: Agency Enforcement

EEOC Rescinds Guidance On Workplace Harassment

The Equal Employment Opportunity Commission has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace following a 2 to 1 partisan vote January 22. EEOC Chair Andrea Lucas stated two concerns during the meeting: first, that the portions of the guidance addressing sexual orientation and gender identity exceeded the Supreme Court’s decision in Bostock v. Clayton County; and, second, that the guidance...
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January 22, 2026
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Category: Immigration

State Department Pauses Immigrant Visa Processing for 75 Countries

Effective January 21, the State Department has paused issuing immigrant visas for nationals of 75 countries out of concern that these immigrants will use welfare programs in the United States. An immigrant visa is a permanent visa that allows an individual to enter the country and automatically become a lawful permanent resident (green card holder) upon admission. The pause does...
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January 21, 2026
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Category: Compliance Reporting and Recordkeeping

Ninth Circuit Issues Mandate To Enforce Its Judgment Ordering Release Of Contractor EEO-1 Reports

The U.S. Court of Appeals for the Ninth Circuit has ordered the Labor Department to release EEO-1 Type 2 consolidated data submitted by objecting contractors for the years 2016 to 2020. The order stems from a 2022 Freedom of Information Act request by the Center for Investigative Reporting. In 2023, DOL disclosed data from contractors that did not object. The...
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January 21, 2026
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Category: Agency Enforcement

Congressional Deal Funds DOL, Rejects Plan To Eliminate OFCCP

Congress reached a bipartisan agreement January 20 to fund the Labor Department for the remainder of 2026. While the spending deal would cut funding for several enforcement agencies, the cuts are not as steep as the White House proposed. Congress is expected to pass the measure before funding expires January 30. Notably, the agreement does not eliminate OFCCP and transfer...
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January 20, 2026
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Category: Agency Enforcement

OFCCP Seeks To Renew Veteran AAP Requirements

The Office of Federal Contract Compliance Programs has initiated the process for seeking a three-year extension for its recordkeeping, reporting, and enforcement requirements under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. These include the contents of the written affirmative action program; annual outreach assessment; data collection and metrics; and regular communications to state agencies, union officials, and...
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January 20, 2026
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Category: Wage and Hour

House Rejects Training Time Bill, Signaling Slim Odds For FLSA Reforms

The House of Representatives rejected a bill that would have allowed employers to offer hourly employees specified voluntary training programs on a non-compensable basis. Although specific types of training time may be non-compensable, the Labor Department applies those exceptions narrowly. The House voted down H.R. 2262, a proposal to amend the Fair Labor Standards Act, even though supporters argued that the...
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January 15, 2026
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Category: Disability, Accommodations, and Leaves

Workers May Use Intermittent FMLA Leave For Travel To Medical Appointments, DOL Says

Employees may use intermittent FMLA leave for travel time to and from a medical appointment as well as for the medical appointment itself, according to an opinion letter from the Labor Department’s Wage and Hour Division. FMLA2026-2 confirms that covered workers may use leave under the Family and Medical Leave Act not only for the time they spend in medical...
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January 15, 2026
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Category: Affirmative Action and DEI

OFCCP Seeking Formal Approval To Revise Agency Complaint Forms

The Office of Federal Contract Compliance Programs has asked the Office of Management and Budget to let it revise its complaint and pre-complaint inquiry forms. OFCCP uses its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-390) to process employment discrimination allegations against...
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January 13, 2026
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Category: Whistleblowing and Retaliation

CWC’s Updated Anti-Retaliation Communications Template

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has refreshed its Anti-Retaliation Communications Template. CWC’s updated template offers employers a modernized example to guide managers and supervisors when an employee files a retaliation complaint. Retaliation allegations appear in approximately half of all EEOC and state agency charges. Employers can reduce their legal risk and reinforce their organizational culture...
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