Insights

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Category: Affirmative Action and DEI

$17 Million DOJ Settlement Highlights FCA Risk Tied To Alleged DEI Discrimination

The Department of Justice has announced a $17 million civil settlement with a federal contractor alleged to have engaged in discriminatory DEI practices in violation of the False Claims Act. DOJ alleged that for more than seven years, the contractor: Used protected characteristics in compensation decisions, including “diversity modifiers” linking incentive pay to demographic targets; Used race, color, national origin, and...
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Category: Compliance Reporting and Recordkeeping

Introducing CWC’s Standard Occupational Classification Crosswalk

CWC has created a user-friendly occupational crosswalk to help its member organizations map their job profiles to federal occupation classification systems. CWC’s crosswalk aims to help organizations in next year’s California Pay Reporting cycle, which eliminates the EEO-1 category in favor of the 2-digit SOC Major Group. The crosswalk is also helpful for mapping occupations to a corresponding 6-digit SOC...
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Category: Labor Relations

President Trump Sends Bipartisan NLRB Nominees To Senate As August Quorum Deadline Looms

On April 13, President Trump nominated Republican James Macy and Democrat David Prouty to serve on the National Labor Relations Board. Unless the Senate confirms them before August 27, the Board will lose its quorum when Prouty’s current term expires. By nominating one Democrat and one Republican, the Administration may increase the chances of a bipartisan Senate deal to expedite confirmation. Prouty...
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Category: Agency Enforcement

EEOC Budget Request Points To Bigger, Data-Driven Enforcement

The EEOC’s FY 2027 Congressional Budget Justification signals the agency’s desire to enhance its enforcement capacity for complex, systemic discrimination matters. Notably, the request asks for (1) a 15.6% increase to expand data analytics, digital case management, and large-scale reviews of employer practices; and (2) an 8.1% increase in private-sector enforcement litigation. The CBJ frames these investments as support for...
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Category: Disability, Accommodations, and Leaves

Court Finds PWFA Triggered By Informal Notice; May Require Waiver Of Essential Functions

A federal district court has denied summary judgment on a Pregnant Workers Fairness Act failure-to-accommodate claim, finding that informal notice suffices to trigger the need for HR action. In King v. Legacy Hospice, the court held that informal written notice to HR can establish an employee’s “known limitation” even if the employee does not comply with the employer’s preferred accommodation process...
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Category: Disability, Accommodations, and Leaves

Proposed FY27 Budget Would Move VEVRAA And Section 503 Enforcement To New DOL Civil Rights Office

The White House has proposed creating an Office of Civil Rights at the Labor Department to enforce Section 503, VEVRAA, and most whistleblower laws. The President’s proposed FY 2027 budget, which was submitted to Congress April 3, would transfer enforcement of Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act to DOL’s new Office of...
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Category: Immigration

USCIS Completes FY 2027 H-1B Cap Lottery

U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial H-1B lottery registration period to reach the fiscal year 2027 H-1B cap, including the advanced degree exemption cap, USCIS announced March 31. USCIS has completed the selection process and notified employers whose registrations were selected. Selection in the lottery confers eligibility to file a cap‑subject petition but...
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Category: Agency Enforcement

OMB Delays Agencies’ Race And Ethnicity “Action Plans” To March 2027

The White House Office of Management and Budget has again extended the deadline for the EEOC and other federal agencies to submit their Agency Action Plans on Race and Ethnicity Data. Agency Action Plans are now due March 28, 2027. The deadline for agencies to bring data collections into compliance is September 28, 2029. The agency’s submission of their Agency Action...
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Category: Compensation

California CRD Releases 2024 Pay Data Report Highlighting Ongoing Pay Gaps

The California Civil Rights Department (CRD) released its annual analysis of employer-submitted pay data for 2024 on March 26, along with the results portal, which allows employers and the public to review aggregated compensation data by job category, race, ethnicity, and gender. The data, which covers nearly 8 million workers statewide, is drawn from annual Pay Data Reports submitted by private employers...
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Category: Agency Enforcement

EEOC Voting Records Show Most Votes Bipartisan Since Quorum Restored

EEOC Commissioners have voted in a bipartisan manner in most substantive matters since the Commission regained a quorum in late October, new EEOC vote disclosures show. Through February 2026, the Commission has cast 35 votes, with only nine of their 27 substantive votes split along party lines. Media coverage has focused on policy differences among the Commissioners, but the voting record...

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