Insights

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Category: Discrimination and Harassment

EEOC And Labor Department Continue Outreach Campaign Focused On Protecting American Workers

Recent actions by the Equal Employment Opportunity Commission and the Labor Department indicate that the Trump administration is maintaining its focus on employment practices that it perceives as disadvantaging American workers. EEOC Chair Andrea Lucas has used social media and video messages to encourage workers to report alleged anti-American discrimination, while the agency's redesigned homepage prominently features related resources. Meanwhile,...
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Category: Affirmative Action and DEI

CWC Publishes Sample Post-Offer, Pre-Employment Disability Self-ID Form

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published CWC’s Sample Voluntary Self-Identification of Disability Form in light of the rescission of the Section 503 requirements. As of September 21, federal contractors subject to Section 503 of the Rehabilitation Act no longer have an obligation to: (1) solicit disability status from applicants or employees; (2) prepare...
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Category: Whistleblowing and Retaliation

CFTC Adopts Presumption Favoring Maximum Whistleblower Awards

The Commodity Futures Trading Commission has amended its whistleblower regulations to establish a presumption that eligible whistleblowers will receive the maximum 30% award permitted by law when total awards do not exceed $5 million, unless specified disqualifying factors apply. The finalized amendments take effect October 16, 2026. The CFTC’s new whistleblower rule could encourage employees to report concerns directly to...
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Category: State and Local Compliance

Chicago EO Could Bar Contractors Based On Prior Discrimination Or Wage Theft Violations

An executive order from the Mayor of Chicago could make some discrimination and wage theft violations a barrier to contracting with the city. On August 26, Chicago Mayor Brandon Johnson signed Executive Order 2026-6, directing the city to establish requirements for contractor disclosure, certification, and employee-notice tied to workplace antidiscrimination and wage theft compliance. Current and prospective contractors and subcontractors must...
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Category: Agency Enforcement

President Trump Nominates Catherine Eschbach To Serve As EEOC General Counsel

President Trump has formally nominated Catherine Eschbach to serve as the General Counsel of the Equal Employment Opportunity Commission for a term of four years. Eschbach currently serves as the EEOC’s principal deputy general counsel and acting general counsel. Eschbach previously served as Director of the Labor Department’s Office of Federal Contract Compliance Programs and practiced law at Morgan, Lewis & Bockius....
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Category: Immigration

DHS Proposes Eliminating 60-Day Grace Period For H-1B And Other Nonimmigrant Workers

The Department of Homeland Security has proposed eliminating the 60-day grace period that helps some visa recipients remain in the United States after their employment ends. Under the September 11 proposal, DHS would rescind the regulation that permits workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, and their dependents, to remain in the United States for...
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Category: Affirmative Action and DEI

OMB Approves VEVRAA Recordkeeping And Affirmative Action Requirements Through 2029

The White House Office of Management and Budget has approved the OFCCP’s veteran affirmative action requirements and extended them for three years. The Labor Department’s written AAP requirements under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act have a new expiration date of September 30, 2029. OMB’s approval ensures that the VEVRAA recordkeeping and reporting requirements remain in...
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Category: Compliance Reporting and Recordkeeping

Census Bureau Proposes Removing Race-Ethnicity Questions From Decennial Census

The U.S. Census Bureau has proposed regulations to prohibit questions about race, ethnicity, and sexual orientation on the decennial census questionnaire or any questionnaire used to enumerate the U.S. population. The Census Bureau argues that the questions do not directly support the constitutional purpose of the census and may reduce response rates or increase privacy concerns. The proposal also would change who...
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Category: Discrimination and Harassment

Judge Says Offensive Conduct Need Not Target An Employee To Affect The Workplace

Harassment investigations should look beyond conduct directed at the employee who raised the concern, according to a recent D.C. Circuit concurrence. It challenges a line of lower-court decisions that discounted discriminatory conduct that was not directed at the employee alleging a hostile work environment. The concurrence argues that this approach is too narrow because offensive conduct involving coworkers, customers, or others may...
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Category: Disability, Accommodations, and Leaves

Fourth Circuit Cautions Employers Against Parsing Religious Beliefs

A divided Fourth Circuit allowed an employee to proceed with a Title VII claim challenging her employer’s denial of her religious exemption from a COVID-19 vaccination requirement. The decision illustrates the risk an employer takes in denying an employee’s religious accommodation request because the employer considers the employee’s stated belief insufficiently religious. The employee tied her objection to her belief...

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