Insights

March 27, 2026
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Category: Affirmative Action and DEI

New Executive Order Further Prohibits Discriminatory DEI Activities By Contractors

President Trump signed an Executive Order March 26 prohibiting federal contractors and subcontractors from engaging in “racially discriminatory DEI activities.” The new E.O., Addressing DEI Discrimination by Federal Contractors, defines racially discriminatory DEI as “disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity’s resources.” The...
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March 26, 2026
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Category: Government Contracts

Senate Confirms Colin McDonald To Lead DOJ’s New National Fraud Enforcement Division

The Department of Justice has launched a new National Fraud Enforcement Division, signaling increased attention to fraud-related issues affecting federal contractors. The U.S. Senate confirmed Colin McDonald on March 24 to serve as Assistant Attorney General overseeing the Division. DOJ says the Division will coordinate nationwide civil and criminal fraud enforcement, oversee multi-district investigations, and set national enforcement priorities across federal programs...
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March 25, 2026
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Category: Disability, Accommodations, and Leaves

EEOC Reaches $15 Million, Three Year Deal Over COVID 19 Vaccine Accommodation Claims

The EEOC entered into a three-year, $15 million conciliation agreement with a global technology company to resolve class allegations that the company denied religious and disability accommodation requests under its COVID-19 vaccination policy and terminated employees who refused to get vaccinated. The agreement requires the company to update its EEO policies, provide annual staff training on religious and disability discrimination, and report...
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March 24, 2026
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Category: Membership

CWC’s 2026 Workplace Policy Conference

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held its 2026 Workplace Policy Conference on March 18 and 19. Key sessions featured remarks from EEOC Chair Andrea Lucas and DOL Wage and Hour Administrator Andrew Rogers on their agencies’ 2026 priorities. Participants also heard from California Civil Rights Department attorney Amy Cu on evolving pay data reporting...
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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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