January 31, 2024
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Category: Affirmative Action and Diversity

Do As We Say?: CFPB Settles Race Discrimination Class Action for $6 Million

After protracted litigation, the Consumer Financial Protection Bureau (CFPB) has agreed to settle an employment discrimination class lawsuit for $6 million, including $1.5 million in attorneys’ fees. The lawsuit began ten years ago, when minority employees accused the CFPB of systemic discrimination,  including persistent pay discrimination compounded by a discriminatory performance review system. In light of this lawsuit, it is ironic...
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January 17, 2024
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Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...
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December 13, 2023
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Category: Discrimination and Harassment

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and...
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December 06, 2023
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Category: Data and Statistics

FY 2022 USERRA Discrimination Complaints Up 17% Over Previous Year

Enforcement statistics released recently by the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) show that discrimination complaints filed with the agency under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for fiscal year (FY) 2022 increased by 17 percent over FY 2021, reversing a decade-long downward trend. USERRA protects the employment and reemployment rights of employees...
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December 05, 2023
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Category: Compliance Reporting and Recordkeeping

OMB Extends Approval of Current EEO-1 “Component 1” Form Through 2026

The White House Office of Management and Budget (OMB) has modified its prior one-year approval of a request from the U.S. Equal Employment Opportunity Commission (EEOC) to extend “Component 1” of the annual Employer Information (EEO-1) Report for an additional two years, until November 30, 2026. Earlier this year, OMB approved continued use of the Component 1 EEO-1 through August...
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November 30, 2023
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Category: Discrimination and Harassment

Apple in Record Settlement with DOJ to Resolve Immigration-Related Discrimination Claims

Apple agreed to pay $25 million in back pay and civil penalties to resolve allegations that it discriminated against U.S. citizens in favor of foreign workers when recruiting for positions through the permanent labor certification program (PERM). Apple does not admit any wrongdoing. The tech giant’s settlement with the Immigrant and Employee Rights Section (IER) of the U.S. Department of...
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November 16, 2023
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Category: Discrimination and Harassment

OFCCP Officially Launches New Pre-Complaint Inquiry Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised its filing process for discrimination complaints to include a new Pre-Complaint Inquiry Form (CC-390). OFCCP hopes that the new form will assist it in weeding out non-meritorious allegations and in evaluating whether OFCCP has proper jurisdiction to investigate the allegations. A description of the revised complaint process and instructions...
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November 14, 2023
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Category: Biden Administration

Senate Confirms Charlotte Burrows to Third Term On EEOC, Locking in Democratic Majority

The U.S. Senate, on a partisan vote of 51 to 47, confirmed President Biden’s nomination of Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows to a third term on the commission ending in 2028. Ms. Burrows’ confirmation means that the five-member EEOC will operate with a Democratic majority until at least 2026. Members of the Center for Workplace Compliance (CWC),...
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November 09, 2023
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Category: Compliance Reporting and Recordkeeping

Distilling EEOC’s Posted Guidance Regarding This Year’s EEO-1 Filing Season

As the online portal for filing the 2022 Component 1 Employer Information (EEO-1) Reports opened last week, the changes made this year by the Equal Employment Opportunity Commission (EEOC) to the EEO-1 filing procedures have generated many questions from filers. The EEOC responded by posting 93 pages of FAQs on its EEO-1 website, designated as Volume 2 and Volume 3. The guidance itself has...
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November 07, 2023
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Category: Comment Letter

CWC Urges EEOC To Conform New Workplace Harassment Guidance to Established Legal Principles

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) on its proposed enforcement guidance on workplace harassment liability. Once adopted, the revised guidance will supersede existing guidance on the topic issued by the Commission over the last two decades. Our comments support the commission’s goal...
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