January 27, 2025
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Category: Agency Enforcement

EEOC “Commissioner Charges” Remained Active in FY 2024

Commissioners at the Equal Employment Opportunity Commission have been making above-average use of Commissioner charges to prompt discrimination investigations, according to data released by the EEOC. EEOC Commissioners initiated 33 charges alleging discrimination under Title VII, the ADA, GINA, and PWFA in fiscal year 2024. Commissioner charges are discrimination charges initiated by an EEOC Commissioner. Proposals for Commissioner charges come from various...
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January 22, 2025
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Category: Agency Enforcement

President Trump Designates New Leadership at Workplace Compliance Agencies

President Trump has moved quickly to install new leadership at agencies responsible for workplace compliance. He has already designated new officials at the EEOC, where he named Republican Commissioner Andrea Lucas to serve as Acting Chair, and at the NLRB, where he designated Republican Marvin Kaplan to serve as Chairman. At the Labor Department, he designated career official Vince Micone...
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January 15, 2025
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Category: Agency Enforcement

EEOC Revises Rule Governing EEO Reporting Exemptions

The EEOC issued a final rule January 10, 2025, revising its regulations governing hardship exemptions from annual EEO-1 reporting.   To be exempt from EEO reporting requirements, an employer must show undue hardship. Previously, EEOC Commissioners voted on exemption applications. Now, however, the Chief Data Officer will process applications. Under the new rule, an exemption is more likely to be granted when: The filer...
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January 09, 2025
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Category: Agency Enforcement

EEOC and OFCCP Modify Long-Standing MOU; DOJ Ends Its Participation

The Equal Employment Opportunity Commission and DOL’s Office of Federal Contract Compliance Programs signed a new Memorandum of Understanding (MOU) December 17, 2024, outlining how they will share information and process discrimination charges and complaints. Before doing so, the agencies rescinded a similar 2020 MOU that included the Department of Justice. The EEOC enforces Title VII of the 1964 Civil...
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January 06, 2025
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Category: Discrimination and Harassment

New EEOC Fact Sheet Highlights Compliance Risks Related to Wearable Technologies in the Workplace

Wearable technologies in the workplace are the subject of a fact sheet released by the Equal Employment Opportunity Commission on December 19, 2024. Examples of wearable devices include smart watches that track employees’ activities or monitor their condition, proximity sensors that warn wearers of nearby hazards, smart glasses and helmets that measure the brain’s electrical activity, and GPS devices that...
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October 21, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Proposes a New Rule for Filers Seeking Exemption From EEO Reporting Requirements

The Equal Employment Opportunity Commission has proposed revising its rules regarding hardship exemptions to EEO reporting requirements. The proposed rule would delegate the Commission’s authority to decide hardship exemption applications to the agency’s chief data officer. It also would establish a procedure for applying for exemptions and provide examples of criteria for granting exemptions. Almost all covered employers and federal...
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September 25, 2024
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Category: Agency Enforcement

Employers Sued by EEOC for Failing To File EEO-1 Reports Are Settling

Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC. The settlement agreements appear to...
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September 25, 2024
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Category: Agency Enforcement

CWC’s Updated Guide To Drafting an Effective EEOC Position Statement

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its Guide to Drafting an Effective EEOC Position Statement now that the Equal Employment Opportunity Commission (EEOC) has transitioned to a digitized charge process. Once the EEOC receives a discrimination charge, an agency investigator will ask the employer to submit a position statement. The employer is well...
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September 23, 2024
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Category: Affirmative Action and Diversity

New EEOC Report Takes Another Look at Diversity in the High Tech Workforce and Sector

The Equal Employment Opportunity Commission has issued a report concluding that people of color are underrepresented in the high-tech workforce compared with their participation in the overall U.S. workforce. The report—High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector 2014-2022—concludes that people of color in high-tech jobs are better represented in the high-tech sector. The high-tech workforce refers...
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September 18, 2024
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Category: Discrimination and Harassment

Fifth Circuit Rules “Equitable Tolling” Allows for Late Filing With the EEOC

A federal appeals court has applied the doctrine of equitable tolling to extend the deadline for filing an unlawful retaliation charge with the Equal Employment Opportunity Commission (EEOC). In Weathers v. Houston Methodist Hospital, the U.S. Court of Appeals for the Fifth Circuit ruled September 4 that an individual who filed a discrimination charge with the EEOC two days late...
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