August 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 01, 2023
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Category: Discrimination and Harassment

CWC’s “Post-Harvard Talking Points”

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued a guide on the Supreme Court’s landmark college admissions decision. Following the high court’s recent ruling that the use of race as a factor in the admissions policies of Harvard University and the University of North Carolina was unconstitutional, the “Post-Harvard Talking Points” guide is designed to explain...
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July 17, 2023
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Category: Discrimination and Harassment

Senate Confirms Plaintiffs’ Lawyer Kalpana Kotagal to EEOC, Giving Democrats Long-Awaited Majority

The Senate confirmed plaintiffs’ lawyer Kalpana Kotagal to a vacant seat on the Equal Employment Opportunity Commission (EEOC or Commission) last week, giving it a Democratic majority on the five-member Commission for the first time since January 2019. Ms. Kotagal’s term will end on July 1, 2027. With a 3 to 2 Democratic majority for the first time during the...
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July 13, 2023
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Category: Discrimination and Harassment

Ninth Circuit Says Offensive Rap Music at Work Can Give Rise to Valid Sex Discrimination Claim

Sexually derogatory music blasted constantly throughout a workplace can give rise to a sex discrimination claim under Title VII of the Civil Rights Act of 1964, even if the music is offensive to both female and male employees, the U.S. Court of Appeals for the Ninth Circuit ruled June 7, 2023. In reversing a trial court’s grant of summary judgment...
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July 10, 2023
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Category: Affirmative Action and Diversity

Supreme Court Rejects Race as Factor in College Admissions: Impact on Company CD&I Programs?

The consideration of race in the admissions processes at Harvard University and the University of North Carolina (UNC) violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, the U.S. Supreme Court ruled June 29. The Court’s opinion does not appear to threaten federal contractors’ affirmative action plans that are consistent with current regulations. Still, because the...
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July 05, 2023
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Category: Discrimination and Harassment

Supreme Court Clarifies Title VII Religious Accommodation Standard: Undue Hardship Means Substantial Cost

The Supreme Court has ruled that an employer must show that an employee’s requested religious accommodation under Title VII of the Civil Rights Act of 1964 (Title VII) will result in substantial cost to its business before the employer can deny the accommodation. The ruling in Groff v. DeJoy upends years of lower court case law holding that an employer...
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June 28, 2023
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Category: Discrimination and Harassment

President Biden Nominates Charlotte Burrows to a Third Term on the EEOC

President Biden has nominated current Chair Charlotte Burrows to serve another five-year term on the Equal Employment Opportunity Commission (EEOC). Her nomination will require confirmation by the U.S. Senate. Although her existing term was set to expire on July 1, 2023, statutory rules allow her to continue to serve until Congress adjourns for the year if the Senate fails to...
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June 27, 2023
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Category: Discrimination and Harassment

EEOC Chair Burrows Issues Report Critical of Construction Industry EEO Practices

Pervasive harassment and discrimination in hiring practices and apprenticeships have contributed to the exclusion of women and minorities from jobs in the U.S. construction industry, according to a report issued by Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows. The 46-page report, entitled “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry,” is based on testimony from an EEOC public...
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June 19, 2023
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Category: Agency Enforcement

EEOC’s Final FY 2022 Enforcement Numbers Show Big Jump in Charges Filed

Final enforcement and litigation statistics published by the Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2022 show that the agency received 73,485 charges of discrimination last year, a 20% increase from the previous year. The statistics for FY 2022 (which ran from October 1, 2021, to September 30, 2022) counter a five-year decrease in charge filings and were...
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June 11, 2023
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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