July 16, 2024
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Category: Discrimination and Harassment

EEOC Officially Rescinds ADA/GINA Interpretive Guidance on Wellness Plan Incentives

More than five years after the Equal Employment Opportunity Commission (EEOC) rescinded portions of its regulations dealing with incentives that employers could offer under corporate wellness plans without violating the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), the agency officially withdrew its guidance interpreting those regulations. While the agency’s action is largely a cleanup exercise, it...
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June 12, 2024
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Category: Agency Enforcement

OFCCP Posts New “CSAL” Flagging 500 Entities for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) notifying 500 supply-and-service federal contractor establishments that it has flagged them for an upcoming compliance evaluation. The FY 2024 CSAL Supply & Service Scheduling List, Release – 1 and updated FAQs show that OFCCP has identified 440 establishments for standard compliance reviews, 30...
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June 11, 2024
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Category: Discrimination and Harassment

EEOC Declares That Using Health Plan Denying Gender-Affirming Care Violates Title VII

The denial of health insurance coverage for gender-affirming care constitutes disparate treatment discrimination under Title VII of the 1964 Civil Rights Act, the Equal Employment Opportunity Commission ruled May 30, 2024, in Marc Lawrence a/k/a Terrell C. v. Rob Shriver. In this case, the retired employee’s Blue Cross Blue Shield FEHB Program specifically excluded coverage for services, medication, and supplies for...
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June 03, 2024
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Category: Discrimination and Harassment

Red State AGs Are Challenging the Constitutionality of the EEOC

The Republican Attorneys General from several states have filed two federal lawsuits challenging actions of the U.S. Equal Employment Opportunity Commission on grounds that its structure is unconstitutional. On April 25, 2024, Tennessee and 16 other states filed suit in the U.S. District Court for the Eastern District of Arkansas challenging the EEOC’s final substantive regulations implementing the Pregnant Workers...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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May 20, 2024
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Category: Agency Enforcement

EEOC’s Final FY 2023 Enforcement Statistics Show 10% Increase in Charges Filed

For the second year in a row, there was a notable increase in discrimination charges filed with the Equal Employment Opportunity, according to the EEOC’s FY 2023 enforcement and litigation statistics. Fiscal year (FY) 2023 covers October 1, 2022, to September 30, 2023. The agency received 81,055 discrimination charges in FY 2023, a 10% increase from the year before. This is...
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May 14, 2024
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Category: Arbitration and Dispute Resolution

Senate Committee Approves Bill Banning Pre-Dispute Arbitration of Age Discrimination Claims

A bill that would invalidate mandatory arbitration of age discrimination claims cleared a key Senate committee May 9, 2024, paving the way for possible enactment later this year. On a bipartisan 15 to 6 vote, the Senate Judiciary Committee approved and sent to the full Senate the Protecting Older Americans Act of 2023 (S. 1979). The bill builds on legislation enacted...
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May 09, 2024
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Category: CP Featured

OFCCP Publishes Helpful Guidance on Use of Artificial Intelligence

A new guidance document from the Labor Department’s Office of Federal Contract Compliance Programs may prove helpful to federal contractors. Artificial Intelligence and Equal Employment Opportunity for Federal Contractors concerns the use of artificial intelligence and other automated systems in the employment context. The guidance responds to President Biden’s Executive Order 14110, which directs federal agencies to develop policies for...
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May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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May 06, 2024
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Category: CP Featured

EEOC Issues Long-Anticipated New Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued new guidance for preventing harassment in private-sector workplaces. Enforcement Guidance on Harassment in the Workplace supersedes previous guidance issued by the agency in the 1980s and 1990s. The three-member Democratic majority on the Commission approved the guidance April 29, 2024, over the objection of the agency’s two Republican commissioners....
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