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Category: Agency Enforcement

What’s With the Big Increase Recently in EEOC “Commissioner Charges”?

Enforcement data recently released by the Equal Employment Opportunity Commission (EEOC) show that Commissioners once again heavily used their authority to launch discrimination investigations by filing Commissioner charges. Commissioners filed 35 new Commissioner charges in FY 2023, eclipsing last year’s 20-year record of 29 such charges and wildly surpassing the three Commissioner charges filed in each of FY 2020 and...
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Category: Discrimination and Harassment

EEOC Launches Outreach Initiative Aimed at “Vulnerable Workers and Underserved Communities”

The U.S. Equal Employment Opportunity Commission (EEOC) has launched an initiative entitled “Enhancing OutREACH to Vulnerable Workers and Underserved Communities,” the agency announced January 29, 2024. The agency’s newest commissioner, Kalpana Kotagal, will lead the initiative. The initiative will include in-person and virtual listening sessions with stakeholders throughout the country to identify barriers to reporting discrimination, development of recommendations on effective...
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Category: Appropriations

Congress Averts Government Shutdown by Extending Federal Funding Until March

The U.S. Congress once again has enacted a temporary spending measure, called a continuing resolution (CR), to avert a partial shutdown of the federal government. The CR will enable most federal government operations to continue functioning at the same levels as the last fiscal year (FY) through either March 1 or March 8, 2024, depending on the agency. While this...
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Category: EEOC

Government’s Latest Semi-Annual Regulatory Agenda Shows New Activity by the EEOC

This memo summarizes workplace-related regulatory priorities that the Biden Administration listed in its latest semi-annual regulatory agenda. This memo, as well as a chart prepared by our affiliated nonprofit membership association, the Center for Workplace Compliance (CWC), provide a user-friendly digest of regulatory developments that we are following. Notably, for the first time in several years, the agenda lists several new...
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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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Category: Appropriations

Congress Extends DOL and EEOC FY 2024 Funding Deadlines Until February 2, 2024

In a last-minute deal to avoid a government shutdown, Congress set aside its partisan differences, at least for now, and agreed to temporarily fund the federal government. Under the terms of the unusual two-part agreement, the principal workplace regulatory agencies, such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), will be funded until February 2,...
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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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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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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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Category: Congress

Key Appointments Update: Looman New DOL Wage and Hour Administrator, Burrows Clears Committee

The U.S. Senate recently took two significant steps regarding President Biden’s nominees for key workplace enforcement agency positions. It confirmed Jessica Looman as the Labor Department’s Wage and Hour Administrator, nearly 18 months after she was nominated. In another development, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved and sent to the Senate floor President Biden’s nomination of...

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