Insights

June 17, 2022
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Category: Labor Relations

Third Circuit Rules “Politically-Motivated Busybody” Can Bring a Valid NLRB Charge

The U.S. Court of Appeals for the Third Circuit recently confirmed that a person who has no connection to employees who are allegedly harmed by an unfair labor practice can nevertheless bring a valid charge before the National Labor Relations Board (NLRB or Board), and that the Board has the discretion to investigate the charge. The ruling by the appeals...
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June 10, 2022
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Category: Agency Enforcement

OFCCP Submits FAAP Directive to OMB for Approval, With Minor Improvements

As anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) for approval of a revised agency directive that would extend OFCCP’s functional affirmative action program (FAAP) process for several more years. The version of the FAAP Directive sent to OMB for approval does...
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June 10, 2022
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Category: Disability, Accommodations, and Leaves

Third Circuit Religious Accommodation Ruling Sets Up Potential Supreme Court Review

The U.S. Court of Appeals for the Third Circuit, in a 2 – 1 panel decision, has ruled that an employee’s religious accommodation request to refrain from working on Sundays would impose an undue hardship on one of the nation’s largest employers, the U.S. Postal Service (USPS). Key to the court’s analysis was the likely impact the requested accommodation would...
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June 10, 2022
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Category: Immigration

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

NT Lakis, on behalf of the Center for Workplace Compliance (CWC), has filed written comments with U.S. Citizenship and Immigration Services (USCIS) in support of the agency’s proposed changes to the “Form I-9.” Our comments argue that the proposed changes should streamline the I-9 process as well as lessen paperwork burdens for employers. Our comments also urge USCIS, as part...
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June 10, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Provides Guidance on Scope of FAA’s Transportation Worker Exemption

Over the last two decades, the U.S. Supreme Court has made it clear that the Federal Arbitration Act (FAA) establishes a public policy favoring arbitration of disputes in lieu of litigation. There is one part of the FAA, however, that exempts certain workers “engaged in foreign or interstate commerce,” thus permitting these workers to sue in court. In recent years,...
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June 10, 2022
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Category: Agency Enforcement

Plaintiffs’ Lawyer Karla Gilbride Tapped To Be EEOC’s New General Counsel

The White House announced last week that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to serve as the new General Counsel (GC) of the U.S. Equal Employment Opportunity Commission (EEOC or Commission), a position that has been vacant since Biden fired former General Counsel Sharon Fast Gustafson fifteen months ago. Ms. Gilbride currently is...
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June 03, 2022
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Category: Agency Enforcement

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

In an unexpected and frankly disturbing new development, especially in light of its timing and earlier agency guidance, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that establishments with fewer than 50 employees must be added to the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, if the contractor maintains an affirmative...
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June 03, 2022
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Category: Agency Enforcement

What To Expect From OFCCP’s Upcoming “Modernizing AAPs” Proposal

Sometime later this year, perhaps as early as September, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is expected to publish a formal proposal entitled Modernizing Affirmative Action Programs, Recordkeeping, and Other Components of the Executive Order 11246 Supply and Service Obligations for Federal Contractors and Subcontractors. The “Modernizing AAPs” proposal is the most ambitious of several new...
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June 03, 2022
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Category: Agency Enforcement

Court Rules Challenge by Texas to EEOC’s SOGI Discrimination Guidance Can Go Forward

The State of Texas has cleared its first legal hurdle in a lawsuit filed by the state in federal court challenging guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The ruling by a federal district court in Texas clears the way for the court to begin considering...
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June 03, 2022
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Category: Agency Enforcement

EEOC Holds Public Meeting on Discrimination in the Construction Industry

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently held a virtual public hearing to examine what the agency characterizes as the “severe and pervasive” discrimination and harassment against women and racial and ethnic minorities that has occurred in the U.S. construction industry. The hearing comes in the wake of the enactment last year of massive federal infrastructure legislation,...
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