Insights

November 18, 2022
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Category: Affirmative Action and Diversity

What Do the High Court’s University Admissions Cases Mean for Private Sector Affirmative Action?

The U.S. Supreme Court held oral arguments recently in a pair of high-profile cases involving legal challenges brought against affirmative action admissions programs at the University of North Carolina (a public institution) and at Harvard University (a private institution), respectively. The plaintiffs, Students for Fair Admissions (SFFA), argue that the consideration of race used in each admissions program is unlawful,...
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November 11, 2022
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Category: Whistleblowing and Retaliation

Expanding Whistleblower Retaliation Protection for Federal Employees

Before adjourning for this week’s elections, the U.S. House of Representatives passed legislation that would significantly expand whistleblower retaliation protection for employees of the federal government. Although the bill was passed on a partisan vote and has no chance of becoming law this year, it contains several provisions that go beyond current anti-retaliation protections for private sector employees. Accordingly, we...
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November 11, 2022
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Category: Agency Enforcement

Biden Administration Issues “Blueprint for an AI Bill of Rights”

The Office of Science and Technology Policy within the Biden White House has published a white paper outlining five “principles” that should guide the development and use of artificial intelligence (AI) and algorithmic decision-making tools that have “the potential to meaningfully impact [the] rights, opportunities, or access” of the American public at large. Although this so-called AI Bill of Rights...
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November 11, 2022
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Category: Agency Enforcement

OFCCP Closes FY 2022 With Thirteen New Financial Settlements

As we anticipated, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) closed out its 2022 fiscal year (October 1, 2021 – September 30, 2022) by announcing a flurry of major new financial settlements. Indeed, the 13 new financial settlements announced since our last update in September double the total number of financial settlements announced by OFCCP in FY...
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November 11, 2022
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Category: Disability, Accommodations, and Leaves

FMLA Ruling by Tenth Circuit in Parker v. United Airlines Rejects “Cat’s Paw” Claim

The U.S. Court of Appeals for the Tenth Circuit ruled recently that an employer wasn’t liable under the Family and Medical Leave Act (FMLA) under the so-called “cat’s paw” theory of discrimination. In this case, the plaintiff claimed she was unlawfully fired based on the retaliatory bias of a supervisor who objected to her taking approved FMLA leave. In a...
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November 11, 2022
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Category: Agency Enforcement

EEOC Releases Draft 2022-2026 “Strategic Plan” for Public Comment

As anticipated, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) has published its draft “Strategic Plan” for fiscal years (FY) 2022-2026 for public comment. The high-level Strategic Plan (Plan), once adopted, is designed to outline the EEOC’s enforcement and management goals over the next five years, and the strategy for achieving them. More specifics as to how the EEOC...
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November 07, 2022
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Category: Agency Enforcement

As Expected, OFCCP Adopts EEOC’s New “Know Your Rights” Poster

We reported last week that the Equal Employment Opportunity Commission (EEOC) has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that covered employers have used for many years to meet EEOC and Office of Federal Contract Compliance Programs (OFCCP) posting requirements. As we predicted, the Labor Department’s OFCCP has now also announced...
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November 07, 2022
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Category: Agency Enforcement

EEOC Ends Fiscal Year 2022 With a Flurry of New Lawsuits

It is not unusual for a federal enforcement agency with litigation authority such as the Equal Employment Opportunity Commission (EEOC or Commission) to wrap up its fiscal year (FY) by filing a slew of new lawsuits or to announce new settlements to demonstrate that agency lawyers are doing their job. That said, the EEOC may have set a new milestone...
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November 07, 2022
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Category: Compliance Tools

Revise Model Self-ID Form Strengthens Confidentiality Disclaimer

The self-identification forms used by many employers in response to government demographic data reporting requirements typically contain a prominent disclosure that personal identifying data such as race, ethnicity, and sex will be kept confidential subject to certain conditions. For many years, we have made available to our employers a “model self-ID template” that contains a suggested confidentiality disclaimer. We are...
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November 07, 2022
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Category: State and Local Law

Interstate: November 2022 Update

We are pleased to present the latest edition in our ongoing “Interstate” memo series, a service we provide on a periodic basis to provide timely updates on new state and local workplace compliance developments. This latest edition of Interstate covers notable state and local developments that have occurred since our last update in September. Members of the Center for Workplace...
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