Insights

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 18, 2023
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Category: Affirmative Action and Diversity

13 GOP State AGs Send Letter to Fortune 100 With Warning That DEI Practices Will Be Scrutinized

Seizing on the Supreme Court’s recent decision barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter notifying Fortune 100 companies that their diversity, equity, and inclusion (DEI) practices are under scrutiny for potential race discrimination. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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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 17, 2023
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Category: Labor Relations

NLRB Overrules Trump-Era Independent Contractor Test, Boosting a Likely Finding of Employee Status

The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance...
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July 13, 2023
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Category: Discrimination and Harassment

Ninth Circuit Says Offensive Rap Music at Work Can Give Rise to Valid Sex Discrimination Claim

Sexually derogatory music blasted constantly throughout a workplace can give rise to a sex discrimination claim under Title VII of the Civil Rights Act of 1964, even if the music is offensive to both female and male employees, the U.S. Court of Appeals for the Ninth Circuit ruled June 7, 2023. In reversing a trial court’s grant of summary judgment...
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July 11, 2023
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Category: Agency Enforcement

OFCCP’s Administrative Litigation Activity Remains Fairly Low

More than two years into the Biden Administration, the Office of Federal Contract Compliance Programs (OFCCP) still hasn’t shown the level of formal enforcement activity from that we anticipated from the agency during the Biden Administration. Last October, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, reported that the Biden Labor Department’s OFCCP had filed two formal...
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July 11, 2023
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Category: Disability, Accommodations, and Leaves

OFCCP Makes Available Multiple Foreign Language Versions of Its CC-305 Disability Self-ID Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted on its website several foreign language versions of its prescribed disability self-identification form (CC-305). Until now, the CC-305—which a covered federal contractor must use, without modification, to comply with OFCCP requirements to collect applicant and employee disability data—has been available only in English. Contractors are not required to...
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July 10, 2023
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Category: Affirmative Action and Diversity

Supreme Court Rejects Race as Factor in College Admissions: Impact on Company CD&I Programs?

The consideration of race in the admissions processes at Harvard University and the University of North Carolina (UNC) violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, the U.S. Supreme Court ruled June 29. The Court’s opinion does not appear to threaten federal contractors’ affirmative action plans that are consistent with current regulations. Still, because the...
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July 10, 2023
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Category: Litigation

Ruling by Second Circuit Addresses Key WARN Act Trigger Term

In a relatively rare decision by a federal appellate court interpreting the Worker Adjustment and Retraining Notification Act (WARN Act), the U.S. Court of Appeals for the Second Circuit issued a ruling addressing whether an entity is an “operating unit” subject to WARN’s notice requirements. In Roberts v. Genting New York, LLC, the Second Circuit grappled with whether the Aqueduct Buffet, a...
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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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