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Category: Agency Enforcement

Former EEOC Commissioner Jocelyn Samuels Sues for Reinstatement

Jocelyn Samuels, a former Commissioner and Vice Chair of the Equal Employment Opportunity Commission, is seeking reinstatement to the post from which President Trump fired her in January. The lawsuit, filed April 9 in the U.S. District Court of the District of Columbia, contends that Congress did not grant the president the authority to remove EEOC Commissioners. Ms. Samuels, a...
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Category: Compliance Reporting and Recordkeeping

EEOC Seeks To Remove Non-Binary Response Option for EEO-1 Reporting

The Equal Employment Opportunity Commission has asked the White House Office of Management and Budget (OMB) for approval to change the EEO-1 Report’s instructions relating to employees that self-identify as non-binary. Employers likely will be required to report all employees as either male or female in the next reporting cycle. For the past several years, the EEOC has instructed employers that they...
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Category: Agency Enforcement

FY 2024 EEOC Enforcement Stats Show Increased Charge Filings Overall, Retaliation Most Prevalent

For the third year in a row, there was a notable increase in the number of discrimination charges filed with the Equal Employment Opportunity Commission. Allegations of unlawful retaliation again led the way. EEOC received 88,531 charges alleging employment discrimination, a 9% increase from the year before, according to fiscal year 2024 statistics posted on EEOC’s website. Charges alleging retaliation, totaling...
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Category: Agency Enforcement

President Trump Renominates Andrea Lucas to Second Term on EEOC

On March 24, President Trump nominated Andrea Lucas, a Republican, to a second five-year term as a Commissioner on the Equal Employment Opportunity Commission. Ms. Lucas joined the EEOC in 2020 after President Trump nominated her during his first term. He elevated her to Acting Chair of the EEOC at the beginning of his current term in January. If the...
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Category: Affirmative Action and Diversity

EEOC Publishes First Guidance on DEI-Related Discrimination in the Workplace

The Equal Employment Opportunity Commission on March 19 published two documents addressing how workplace practices related to diversity, equity, and inclusion (DEI) may violate Title VII of the Civil Rights Act. The first document — entitled “What To Do If You Experience Discrimination Related to DEI at Work” — aimed at individuals who might have experienced DEI-related discrimination. The second...
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Category: Affirmative Action and Diversity

EEOC Acting Chair Probes DEI Practices of 20 Law Firms

EEOC Acting Chair Andrea Lucas has launched a probe of DEI practices at major law firms. On March 17, she sent letters to 20 firms and established an email address through which whistleblowers can report potentially unlawful activity. The letters ask the firms to supply information about their DEI-related employment practices and express Lucas’s concern that they may entail disparate...
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Category: Agency Enforcement

EEOC To Target Anti-American Bias

The Equal Employment Opportunity Commission will prioritize national origin discrimination claims against employers that illegally prefer non-American workers, EEOC Acting Chair Andrea Lucas announced February 19. EEOC’s new focus is on American workers who are victims of national origin discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin. The agency’s definition of “American”...
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Category: Agency Enforcement

EEOC Signals It Won’t Pursue Claims of Gender Identity Discrimination

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers. Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that Harmony violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s...
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Category: Discrimination and Harassment

The EEOC Begins To Implement President Trump’s “Defending Women” Executive Order

The Equal Employment Opportunity Commission has moved quickly to make changes in response to Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which President Trump issued on January 20. The EEOC announced January 28 that it had: Removed the option to use “X” as a gender marker and “Mx.” as a prefix...
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Category: Discrimination and Harassment

President Trump Fires EEOC Commissioners Burrows and Samuels; General Counsel Gilbride

President Trump has fired three Senate-confirmed Democrats from the Equal Employment Opportunity Commission: Commissioner and former Chair Charlotte Burrows; Commissioner and former Vice Chair Jocelyn Samuels; and General Counsel Karla Gilbride. While Title VII does not include express removal protections like the laws establishing some independent agencies, the White House historically has treated the EEOC with a degree of independence....

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