July 19, 2023
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Category: EEO-1

EEOC Confirms Delay in 2022 EEO-1 Filing Season Until Fall of 2023

The 2022 Component 1 Employer Information (EEO-1) reporting season will not begin until sometime this fall, according to an announcement on the website of the Equal Employment Opportunity Commission (EEOC). The annual EEO-1 filing season normally occurs during the second quarter, but the EEOC is delaying it while it awaits approval from the White House Office of Management and Budget...
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July 17, 2023
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Category: Discrimination and Harassment

Senate Confirms Plaintiffs’ Lawyer Kalpana Kotagal to EEOC, Giving Democrats Long-Awaited Majority

The Senate confirmed plaintiffs’ lawyer Kalpana Kotagal to a vacant seat on the Equal Employment Opportunity Commission (EEOC or Commission) last week, giving it a Democratic majority on the five-member Commission for the first time since January 2019. Ms. Kotagal’s term will end on July 1, 2027. With a 3 to 2 Democratic majority for the first time during the...
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July 07, 2023
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Category: Agency Enforcement

What Does Congress’ Debt Limit Agreement Mean for the Workforce Enforcement Agencies?

The debt limit agreement reached by Congress and signed by President Biden June 3, 2023, calls for cuts in discretionary federal spending during the next two years. The debt limit deal does not dictate where budget cuts should be made, so the final decisions will occur through the annual Congressional appropriations process. Funding for most agencies that regulate the workforce...
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June 28, 2023
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Category: Discrimination and Harassment

President Biden Nominates Charlotte Burrows to a Third Term on the EEOC

President Biden has nominated current Chair Charlotte Burrows to serve another five-year term on the Equal Employment Opportunity Commission (EEOC). Her nomination will require confirmation by the U.S. Senate. Although her existing term was set to expire on July 1, 2023, statutory rules allow her to continue to serve until Congress adjourns for the year if the Senate fails to...
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June 27, 2023
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Category: Discrimination and Harassment

EEOC Chair Burrows Issues Report Critical of Construction Industry EEO Practices

Pervasive harassment and discrimination in hiring practices and apprenticeships have contributed to the exclusion of women and minorities from jobs in the U.S. construction industry, according to a report issued by Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows. The 46-page report, entitled “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry,” is based on testimony from an EEOC public...
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June 26, 2023
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Category: Disability, Accommodations, and Leaves

Pregnant Workers Fairness Act Becomes Effective This Week

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023.  The PWFA requires a covered employer to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions, absent a showing of undue hardship. The Equal Employment Opportunity Commission (EEOC) will enforce the new law. This memo provides guidance while we await interpretive regulations from...
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June 19, 2023
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Category: Agency Enforcement

EEOC’s Final FY 2022 Enforcement Numbers Show Big Jump in Charges Filed

Final enforcement and litigation statistics published by the Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2022 show that the agency received 73,485 charges of discrimination last year, a 20% increase from the previous year. The statistics for FY 2022 (which ran from October 1, 2021, to September 30, 2022) counter a five-year decrease in charge filings and were...
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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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May 30, 2023
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Category: Agency Enforcement

Ruling by Eleventh Circuit in EEOC v. Eberspaecher Limits Scope of Agency Subpoena

The Equal Employment Opportunity Commission (EEOC or Commission) has broad authority under the statutes it enforces to investigate alleged violations, including the right to demand relevant information. While the federal courts are inclined to defer to the EEOC’s often broad information requests, this does not always happen, as EEOC v. Eberspaecher North America illustrates. In Eberspaecher, a split three-judge panel of...
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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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