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Category: Agency Enforcement

EEOC Commissioner Janet Dhillon Resigns, Ending Republican Majority

Equal Employment Opportunity Commission (EEOC or Commission) Commissioner and former Chair Janet Dhillon, one of the three Republican Commissioners on the five-member Commission, resigned her seat effective November 18, 2022. As a result, Republicans no longer compose a majority on the Commission, a tactical advantage they had enjoyed since September 2020. From a practical standpoint, Ms. Dhillon’s tenure on the...
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Category: Agency Enforcement

NLRB Reports Big Increase in Unfair Labor Practice Charges in FY 2022

According to enforcement data for fiscal year 2022 (October 1, 2021 – September 30, 2022) released recently by the National Labor Relations Board (NLRB or Board), there was an increase of nearly 20% in the number of unfair labor practice (ULP) charges filed with the agency compared to the previous year. This jump reverses a five-year trend where ULP charges...
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Category: Agency Enforcement

New GAO Report Details Inconsistencies in EEOC Charge Intake Processing, Other Areas

The Government Accountability Office (GAO), the research and investigatory arm of the U.S. Congress, has released a new report looking at the U.S. Equal Employment Opportunity Commission’s (EEOC or Commission) charge intake and processing operations. And while the report ostensibly focuses on inconsistencies in the intake process, it also points out wide variations in the average time it takes the...
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Category: Affirmative Action and Diversity

EEOC To Seek Extension of EEO-1 Component 1 Data Collection With Minor Revisions

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it intends to seek approval of the Employer Information (EEO-1) “Component 1” Report and associated recordkeeping obligations, including some minor changes to the EEO-1, for the next three reporting years (2022 through 2024), as required under the Paperwork Reduction Act (PRA). Please note that in seeking approval for a three-year...
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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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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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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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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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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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Category: Agency Enforcement

Labor Department Files Two OFCCP Lawsuits, Doubling Previous Total

Despite the fact that we fully expected the Biden Administration’s Department of Labor (DOL) to be aggressive in filing formal enforcement actions against federal contractors for failure to comply with requirements imposed by the department’s Office of Federal Contract Compliance Programs (OFCCP), there had been only two OFCCP-related lawsuits filed by DOL since President Biden took office – until now....

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