June 08, 2023
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Category: Discrimination and Harassment

EEOC Issues New Anti-Harassment Guidance for Federal Sector

The U.S. Equal Employment Opportunity Commission (EEOC) recently published anti-harassment guidance applicable to the federal sector, following up on its 2017 anti-harassment guidance for the private sector. EEOC’s Promising Practices for Preventing Harassment in the Federal Sector contains several recommendations that private sector employers might find helpful, however, including examples of workplace harassment related to technology. Members of the Center for...
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June 01, 2023
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Category: Discrimination and Harassment

Goldman Sachs Settles Long-Running Pay Discrimination Case for $215 Million

In one of the largest pay discrimination settlements in history, Goldman Sachs has agreed to settle with 2,887 women who worked for the company during the applicable time periods. Under the agreement, more than 60 percent of the $215 million settlement would go to class members, and more than $79 million would go to attorneys’ fees and litigation expenses. The...
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May 30, 2023
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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May 22, 2023
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Category: Discrimination and Harassment

OFCCP Seeks Approval To Use New Pre-Complaint Inquiry Form

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has asked the White House Office of Management and Budget (OMB) for approval to use a new pre-complaint inquiry form (CC-390) that  individuals would have to submit before filing a formal discrimination complaint (CC-4). OFCCP also is seeking OMB approval to continue using the CC-4 with minor technical changes....
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May 11, 2023
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Category: Discrimination and Harassment

EEOC Settles With Firm Accused of Job Postings That Discriminated Against Americans

In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the U.S. Equal Employment Opportunity Commission (EEOC) has settled charges with the operator of a job search website accused of running job postings that favored foreign nationals. The EEOC settled multiple charges of national origin discrimination with DHI...
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April 26, 2023
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Category: COVID-19

Sixth Circuit in Ciraci v. Smucker’s Denies Employees’ First Amendment Vax Mandate Claim

Employees who were denied a religious exemption from their government contractor employer’s COVID-19 vaccine mandate did not have a valid cause of action under the First Amendment to the U.S. Constitution, according to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit’s ruling in Ciraci v. J. M. Smucker Co. serves as a useful reminder that Constitutional guarantees such...
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December 16, 2022
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Category: Discrimination and Harassment

Congress Approves Respect for Marriage Act To Codify Same-Sex Marriage Recognition

As expected, the U.S. Congress has approved and sent to President Biden for his signature a bill that establishes a federal definition of marriage as being between two individuals (including same-sex partners) as valid in the state in which it was entered into. The measure would also require a valid marriage between two people recognized in one state to be...
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December 02, 2022
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Category: Discrimination and Harassment

Congress Clears “Speak Out Act” Banning Certain Pre-Dispute NDAs for President’s Signature

As we predicted, the lame-duck Congress has given final approval to the so-called “Speak Out Act” (S. 4524), federal legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is expected to sign the measure into law when it reaches his desk. The Speak Out Act will be the second...
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October 28, 2022
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Category: Discrimination and Harassment

Congress Tees Up Bill To End Pre-Dispute NDAs Related to Sexual Assault or Harassment

Before leaving town for pre-election campaigning, the U.S. Senate quietly approved the so-called “Speak Out Act” (S. 4524), legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or harassment. If approved by the House during the upcoming lame duck session – a real possibility given widespread bipartisan support for banning such NDAs – the...
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