May 29, 2024
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Category: Agency Enforcement

EEOC Sues Multiple Employers for Failing To File EEO-1 Reports

The U.S. Equal Employment Opportunity Commission has sued 15 employers in 10 states for failing to file mandatory annual EEO-1 reports for a period of several years. The EEOC announced this unprecedented move in a May 29, 2024, press release. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries. In each case, the EEOC is...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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May 20, 2024
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Category: Agency Enforcement

EEOC’s Final FY 2023 Enforcement Statistics Show 10% Increase in Charges Filed

For the second year in a row, there was a notable increase in discrimination charges filed with the Equal Employment Opportunity, according to the EEOC’s FY 2023 enforcement and litigation statistics. Fiscal year (FY) 2023 covers October 1, 2022, to September 30, 2023. The agency received 81,055 discrimination charges in FY 2023, a 10% increase from the year before. This is...
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May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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May 06, 2024
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Category: CP Featured

EEOC Issues Long-Anticipated New Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued new guidance for preventing harassment in private-sector workplaces. Enforcement Guidance on Harassment in the Workplace supersedes previous guidance issued by the agency in the 1980s and 1990s. The three-member Democratic majority on the Commission approved the guidance April 29, 2024, over the objection of the agency’s two Republican commissioners....
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April 23, 2024
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Category: Comment Letter

CWC Comments to EEOC on PWFA Procedural Rules Urge Greater Transparency Re: Process Used

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed comments with the U.S. Equal Employment Opportunity Commission endorsing EEOC’s recently revised procedural regulations as being consistent with the Pregnant Workers Fairness Act (PWFA). The comments also express CWC’s concern that EEOC did not give the public an opportunity to comment until after it finalized the rules. The revisions...
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April 18, 2024
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Category: Disability, Accommodations, and Leaves

Divided EEOC Issues Expansive PWFA Interpretive Regulations, Inviting Legal Challenges

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in...
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March 27, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC’s EEO-1 Filing Instructions Indicate No Changes from Last Year

The process for filing 2023 EEO-1 Reports apparently will be the same as it was for filing 2022 reports, the Equal Employment Opportunity Commission’s (EEOC) website indicates. An updated Instruction Booklet and Data File Upload Specifications posted by the agency on its EEO-1 website indicate that the 2023 filing protocols and data specifications are unchanged from last year. The online portal for filing 2023...
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March 21, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Releases Data Dashboard of “Component 2” Pay Data to Public

The Equal Employment Opportunity Commission has made available to the public a new Data Dashboard based on data that the agency collected from employers for calendar years 2017 and 2018. The dashboard allows users to review and sort aggregate EEO-1 Component 2 pay band data. EEOC Chair Charlotte Burrows said the release of the Component 2 aggregated data can illuminate...
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March 11, 2024
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Category: Appropriations

Congress Flat Funds EEOC for Rest of FY 2024; No Deal Yet on DOL, NLRB Spending

Congress has allocated $455 million to the Equal Employment Opportunity Commission (EEOC) as part of a deal to fund a portion of the federal government through September 30, 2024. President Biden signed the measure March 9. The EEOC’s $455 million appropriation is the same amount it received in FY 2023, despite a request for a budget increase by the Biden...
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