Insights

August 25, 2025
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Category: Disability, Accommodations, and Leaves

Court Stops EEOC and HHS From Enforcing Some Rules Against Two Christian Groups

The U.S. District Court for the Northern District of Texas has barred the Equal Employment Opportunity Commission and the Department of Health and Human Services from enforcing specified Biden-era directives against two Christian organizations. It held August 8 in Dr. James Dobson Family Institute v. Kennedy that provisions related to abortion, fertility, and gender-affirming care violate the Religious Freedom Restoration Act. Dobson Family Institute and United in...
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August 20, 2025
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Category: State and Local Compliance

CWC Resource on Mandatory BLS Surveys

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has developed a resource to help its members understand their obligations under state laws to respond to surveys conducted by the federal Bureau of Labor Statistics (BLS). BLS collects and publishes information about the U.S. labor market and economy. In collaboration with the states, BLS sends out requests for...
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August 20, 2025
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Category: Disability, Accommodations, and Leaves

OPM Urges Federal Agencies To Be Generous With Religious Accommodations

The Office of Personnel Management issued a memorandum July 16 instructing federal agencies to be generous in granting accommodations so federal employees can practice their religion. The memo promotes telework and flexible schedules as key tools for accommodating religious practices without compromising agency missions. For example, remote work could facilitate employees finding a quiet space for prayer and practicing time-specific...
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August 18, 2025
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Category: Discrimination and Harassment

DC Circuit Explains Broad Scope of FCA Retaliation Protections

A recent opinion by a federal appeals court illustrates the broad scope of the False Claims Act’s anti-retaliation provisions, which has important implications for whistleblower claims involving “illegal DEI” or other alleged discrimination. In United States ex rel. Kini v. Tata Consultancy Services, the U.S. Circuit Court of Appeals for the District of Columbia held August 8 that an employee...
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August 18, 2025
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Category: Discrimination and Harassment

Sixth Circuit Requires Employer Intent in Third-Party Harassment Case

A federal appeals court opted to apply a more employer-friendly standard for determining employer liability in cases of harassment by a non-employee third party. Breaking from EEOC guidance and most circuit courts, the U.S. Court of Appeals for the Sixth Circuit held August 8 in Bivens v. Zep that employers can be held liable for third-party harassment only where the...
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August 14, 2025
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Category: State and Local Compliance

CWC Interstate: July-August Update Published

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents the latest edition in its ongoing CWC Interstate series. This update summarizes significant state and local workplace compliance requirements that have occurred since June. The July/August Interstate covers a range of topics, including: Fair Employment Affirmative action (Ohio) Artificial intelligence discrimination (California) Drug testing (Iowa) Lactation accommodation (Illinois,...
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August 12, 2025
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Category: Compliance Reporting and Recordkeeping

DOL Ordered To Release EEO-1 Type 2 Contractor Data

A federal appeals court has ordered the Labor Department to release EEO-1 Type 2 consolidated data from the years 2016 to 2020 submitted by contractors that objected to a 2022 Freedom of Information Act request filed by the Center for Investigative Reporting. A panel of the U.S. Court of Appeals for the Ninth Circuit rejected DOL’s argument that headcount and...
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August 11, 2025
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Category: Wage and Hour

DOL Halts Enforcement of Obama-era Home Care Rules

The Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin instructing its field offices to stop enforcing rules from 2013 that narrowed Fair Labor Standards Act exemptions for home care workers while it considers implementing a broader exemption. These rules had limited exemptions for workers who were hired directly by care recipients (rather than through home care...
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August 11, 2025
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Affirms Decision Against Trucking Firm in Deaf Discrimination Case

A trucking company’s refusal to hire a deaf driver violated the Americans with Disabilities Act (ADA), a federal court ruled July 10. In EEOC v. Drivers Management and Werner Enterprises, a panel of the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s decision in favor of the EEOC.    Victor Robinson obtained a variance from federal hearing requirements...
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August 07, 2025
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Category: Policies and Practices

Justice Department Issues Guidance on “Illegal DEI” Practices

The Department of Justice (DOJ) has issued long-anticipated guidance outlining the types of diversity, equity, and inclusion (DEI) and employment practices that may be unlawful under federal civil rights laws. The July 29 memorandum from Attorney General Pamela Bondi identifies several common workplace initiatives — including some DEI trainings, diverse slate mandates, and supplier diversity programs — that many employers...
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