Insights

March 24, 2026
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Category: Labor Relations

Court Reminds Employers That Seniority Systems Don’t Automatically Bar Religious Accommodations

A collectively bargained seniority system does not automatically prevent an employer from granting a Title VII religious accommodation request, especially where the agreement or past scheduling practices allow flexibility, a recent federal court decision reminded employers and unions. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising...
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March 20, 2026
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Category: Membership

CWC’s 2026-2027 Board Of Directors And Officers

The Center for Workplace Compliance, our affiliated nonprofit membership association, elected its 2026-2027 leadership team on March 19. The CWC team includes Teresa Salinas of Laboratory Corporation of America, who will continue as Board Chair; Kevin Fitzpatrick of PepsiCo, who will continue as Board Vice Chair; and Joe Lakis of NT Lakis LLP, who will continue as CWC’s President. The...
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March 19, 2026
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Category: Whistleblowing and Retaliation

DOL ARB – “Any Person” May File A TFA Whistleblower Complaint

“Any person” may timely initiate a whistleblower retaliation complaint under the Taxpayer First Act and similar whistleblower laws, the Labor Department’s Administrative Review Board has ruled. In Barhaghi v. OB/GYN Affiliates & Prosum, the ARB reversed an administrative law judge’s dismissal of a Taxpayer First Act (TFA) retaliation complaint. The ALJ held that Barhaghi’s complaint was untimely, even though Barhaghi’s...
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March 18, 2026
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Category: Discrimination and Harassment

First Circuit Finds PIP Did Not Alter Employment Terms And Therefore Was Not An Adverse Action

A performance improvement plan issued to an employee did not constitute an adverse employment action under the Supreme Court’s Muldrow standard, the First Circuit held March 13. The PIP imposed no new duties, changes in pay, limits on mobility, or modifications to the employee’s terms or conditions of employment, the court found. The court characterized the PIP as “documented counseling” rather than...
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March 17, 2026
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Category: Labor Relations

NLRB Judge Flags Broad Confidentiality Policy As Unlawful Under Current Labor Law Standard

Honeywell International violated federal labor law by requiring employees to sign an overly broad confidentiality agreement as a condition of employment, an NLRB Administrative Law Judge ruled March 10. Applying the Board’s Stericycle standard, the ALJ found that the policy could reasonably discourage employees from discussing workplace issues — such as pay, benefits, or coworker information — even though the policy did...
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March 12, 2026
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Category: Labor Relations

Sixth Circuit Rejects NLRB Standard That Made Union Recognition Without an Election More Likely

A federal appeals court ruled that the National Labor Relations Board exceeded its authority when it used its adjudicatory power to change the rules governing bargaining orders. In Brown-Forman Corp. v. NLRB, the Sixth Circuit rejected the NLRB’s Cemex framework, which increased the likelihood that employers would be ordered to recognize a union based on authorization cards rather than a secret ballot election....
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March 11, 2026
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Category: Veterans/Military Status and Service

DOL Announces 2025 HIRE Vets Medallion Award Recipients

The Department of Labor has announced its 2025 HIRE Vets Medallion Award recipients. The awards, administered by DOL’s Veterans’ Employment and Training Service, acknowledge employers that demonstrate efforts to recruit, employ, and retain military veterans. The list of employers honors several CWC member organizations, including Battelle Energy Alliance, Battelle Savannah River Alliance, Entergy Corporation, Lockheed Martin Corporation, and Savannah River...
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March 10, 2026
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Category: Compliance Reporting and Recordkeeping

CWC Supports OFCCP Proposal to Renew VEVRAA Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments supporting OFCCP’s plans to renew its recordkeeping and reporting requirements under VEVRAA. The agency wants to retain the recordkeeping, reporting, and enforcement requirements in regulations implementing Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. These include the contents of the written affirmative action program;...
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March 09, 2026
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Category: State and Local Compliance

CWC Interstate February 2026 Resource Published For CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published an Interstate resource detailing state and local workplace compliance developments from February 2026. The Interstate resource addresses fair employment topics related to artificial intelligence in New York, criminal records in Philadelphia, disability discrimination in New York City, language discrimination in New Jersey, and pay data reports in...
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March 04, 2026
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Category: Agency Enforcement

EEOC Chair Warns Fortune 500 on DEI and Title VII Compliance

EEOC Chair Andrea Lucas has sent a letter to all Fortune 500 companies reminding them that Title VII’s prohibition on race- and sex-based employment decisions fully applies to DEI initiatives. The February 26 letter emphasizes that employers must base employees’ hiring, promotion, training, and access to opportunities on job-related, merit-based criteria rather than protected characteristics, regardless of an initiative’s purpose....
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