October 19, 2023
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Category: Congress

U.S. Senate Confirms Plaintiffs’ Lawyer Karla Gilbride as EEOC General Counsel

Nearly a year and a half after President Biden originally nominated her, the U.S. Senate in a partisan vote confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission (EEOC). The position has been filled on an acting basis since Biden’s controversial firing of former General Counsel Sharon Fast Gustafson, a Trump...
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October 16, 2023
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Category: Disability, Accommodations, and Leaves

CWC Tells EEOC That Proposed PWFA Regulations Go Beyond Congressional Intent

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) about the EEOC’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act (PWFA). While CWC supports many of the proposed provisions as consistent with the PWFA’s statutory language, CWC pointed out several provisions in...
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October 11, 2023
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Category: Discrimination and Harassment

EEOC Proposes Updated Anti-Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued proposed anti-harassment guidance for private sector employers to reflect legal and societal changes that have occurred since the 1990s. When finalized, the updated guidance will supersede previous anti-harassment guidance issued by the EEOC in the 1980s and 1990s. The long-awaited proposal, which takes an expansive view of the definition...
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October 11, 2023
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Category: Compliance Reporting and Recordkeeping

2022 EEO-1 Filing Season Update

As the season approaches for filing the 2022 “Component 1” Employer Information (EEO-1) Reports with the Equal Employment Opportunity Commission (EEOC), some questions about filing procedures remain unanswered, particularly for online filers. The EEOC has made several significant changes to the filing process, especially for filers using the popular “Data File Upload” option. Last week, representatives from EEOC’s Office of...
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September 25, 2023
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Category: Agency Enforcement

EEOC Adopts New Five-Year (2024-2028) “Strategic Enforcement Plan”

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has released a new five-year Strategic Enforcement Plan (SEP) listing its enforcement priorities for the period 2024–2028. The SEP signals the Commission’s new focus on the potentially discriminatory impact of artificial intelligence (AI) and automated systems in the employment context. The new SEP also significantly broadens the category of vulnerable workers...
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September 19, 2023
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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September 18, 2023
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Category: Compliance Reporting and Recordkeeping

EEOC Revamps EEO-1 Filing Process, Filing Season for 2022 Reports Opens on October 31

The filing season for 2022 “Component 1” EEO-1 reports will run from October 31 to December 5, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) has announced. The agency also revealed that there will be significant changes to the filing process as it updates its EEO-1 website. It has revamped the Instruction Booklet and Data File Upload Specifications, with implications for employers that...
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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 08, 2023
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Category: ADA

EEOC Issues Updated Guidance on Visual Disabilities in The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on visual impairments in the workplace, entitled Visual Disabilities in the Workplace and the Americans with Disabilities Act. The guidance discusses the impact of new technologies and highlights new methods for providing reasonable accommodations. It also discusses mitigation of the potential disadvantages to visually impaired individuals that can result from...
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August 07, 2023
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Category: EEOC

FY 2024 Agency Funding Update: Big Gap in Amounts Approved by House and Senate Committees

House and Senate Appropriations Committees have made significant progress toward funding the federal government through fiscal year (FY) 2024, although the two committees are considering very different proposed funding levels for workforce enforcement agencies. A lot of work remains to be done before Congress hashes out the final numbers for FY 2024, but at this point it appears that agencies such...
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