December 09, 2024
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Category: Discrimination and Harassment

OFCCP Publishes Guide on Combatting Harassment in the Construction Industry

The Labor Department’s Office of Federal Contract Compliance Programs has published A Guide to Combatting Harassment in the Construction Industry. The guide, released in November, uses a question-and-answer format. Though the guide focuses on federal construction contractors, other employers can use it to better understand and prevent harassment in the workplace. The guide explains that construction contractors have an affirmative obligation...
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November 11, 2024
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Category: Agency Enforcement

DOL Wage and Hour Division Again Reports Increase in FMLA Violations

The number of Family and Medical Leave Act (FMLA) cases in which the Department of Labor found a violation increased in fiscal year 2024—and for a second consecutive year—after having declined annually over the previous decade, according to data recently released by DOL’s Wage and Hour Division. This indicates that more employees are now electing to file complaints with WHD rather...
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October 16, 2024
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Category: Discrimination and Harassment

CWC’s Harassment Prevention Primer and Checklist

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, is pleased to present an updated version of its primer on preventing workplace harassment. The primer explains the definition of sexual harassment and describes various scenarios under which an employer may be held liable for actions by an employee’s supervisor or co-worker, or by a customer or vendor. It...
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October 09, 2024
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Category: Agency Enforcement

OFCCP Enforcement Regime Is Unconstitutional, Contractor Argues

A janitorial contractor has sued to challenge the enforcement process of the Labor Department’s Office of Federal Contract Compliance Programs. The U.S. District Court for the Southern District of Texas is expected to make an initial ruling by the end of the month. DOL’s administrative enforcement process would change significantly if ABM Industry Groups succeeds in getting the court to...
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September 25, 2024
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Category: Agency Enforcement

Employers Sued by EEOC for Failing To File EEO-1 Reports Are Settling

Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC. The settlement agreements appear to...
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September 25, 2024
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Category: Agency Enforcement

CWC’s Updated Guide To Drafting an Effective EEOC Position Statement

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its Guide to Drafting an Effective EEOC Position Statement now that the Equal Employment Opportunity Commission (EEOC) has transitioned to a digitized charge process. Once the EEOC receives a discrimination charge, an agency investigator will ask the employer to submit a position statement. The employer is well...
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September 18, 2024
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Category: Discrimination and Harassment

Fifth Circuit Rules “Equitable Tolling” Allows for Late Filing With the EEOC

A federal appeals court has applied the doctrine of equitable tolling to extend the deadline for filing an unlawful retaliation charge with the Equal Employment Opportunity Commission (EEOC). In Weathers v. Houston Methodist Hospital, the U.S. Court of Appeals for the Fifth Circuit ruled September 4 that an individual who filed a discrimination charge with the EEOC two days late...
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September 05, 2024
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Category: Affirmative Action and Diversity

What’s the “Dismantle DEI Act,” and How Would It Impact Corporate DEI Efforts?

Republican Vice Presidential candidate Sen. J.D. Vance (R-Ohio) has introduced legislation—the “Dismantle DEI Act” (S. 4516)—that would affect corporate Diversity, Equity, and Inclusion (DEI) practices. S. 4516 would amend the 1964 Civil Rights Act by adding a definition of “prohibited diversity, equity, or inclusion practice.” The bill would add “ethnicity” to the Civil Rights Act’s list of protected bases and...
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August 28, 2024
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Category: Discrimination and Harassment

8th Circuit Rejects Claim That Firing for Posting Anti-LGBTQ+ Language Was Religious Discrimination

Arconic Corp. did not discriminate on the basis of religion under Title VII of the Civil Rights Act of 1964 when it fired an employee for posting anti-LGBTQ+ language on its intranet site, even though the employee’s post was based on his sincere religious beliefs, the U.S. Court of Appeals for the Eighth Circuit has ruled. In upholding a federal trial...
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July 31, 2024
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Category: Discrimination and Harassment

Ninth Circuit Rules That §1981 Prohibits Hiring Discrimination Based on U.S. Citizenship Status

The Civil Rights Act of 1866—commonly referred to as Section 1981—not only protects against intentional race discrimination but also against hiring discrimination based on U.S. citizenship, the U.S. Court of Appeals for the Ninth Circuit held June 27, 2024, in Rajaram v. Meta Platforms. Section 1981 provides that “all persons” within U.S. jurisdiction “shall have the same right … to...
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