November 09, 2023
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Category: Compliance Reporting and Recordkeeping

Distilling EEOC’s Posted Guidance Regarding This Year’s EEO-1 Filing Season

As the online portal for filing the 2022 Component 1 Employer Information (EEO-1) Reports opened last week, the changes made this year by the Equal Employment Opportunity Commission (EEOC) to the EEO-1 filing procedures have generated many questions from filers. The EEOC responded by posting 93 pages of FAQs on its EEO-1 website, designated as Volume 2 and Volume 3. The guidance itself has...
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November 07, 2023
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Category: Comment Letter

CWC Urges EEOC To Conform New Workplace Harassment Guidance to Established Legal Principles

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) on its proposed enforcement guidance on workplace harassment liability. Once adopted, the revised guidance will supersede existing guidance on the topic issued by the Commission over the last two decades. Our comments support the commission’s goal...
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October 30, 2023
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Category: Congress

Key Appointments Update: Looman New DOL Wage and Hour Administrator, Burrows Clears Committee

The U.S. Senate recently took two significant steps regarding President Biden’s nominees for key workplace enforcement agency positions. It confirmed Jessica Looman as the Labor Department’s Wage and Hour Administrator, nearly 18 months after she was nominated. In another development, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved and sent to the Senate floor President Biden’s nomination of...
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October 19, 2023
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Category: Congress

U.S. Senate Confirms Plaintiffs’ Lawyer Karla Gilbride as EEOC General Counsel

Nearly a year and a half after President Biden originally nominated her, the U.S. Senate in a partisan vote confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission (EEOC). The position has been filled on an acting basis since Biden’s controversial firing of former General Counsel Sharon Fast Gustafson, a Trump...
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October 16, 2023
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Category: Disability, Accommodations, and Leaves

CWC Tells EEOC That Proposed PWFA Regulations Go Beyond Congressional Intent

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) about the EEOC’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act (PWFA). While CWC supports many of the proposed provisions as consistent with the PWFA’s statutory language, CWC pointed out several provisions in...
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October 11, 2023
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Category: Discrimination and Harassment

EEOC Proposes Updated Anti-Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has issued proposed anti-harassment guidance for private sector employers to reflect legal and societal changes that have occurred since the 1990s. When finalized, the updated guidance will supersede previous anti-harassment guidance issued by the EEOC in the 1980s and 1990s. The long-awaited proposal, which takes an expansive view of the definition...
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October 11, 2023
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Category: Compliance Reporting and Recordkeeping

2022 EEO-1 Filing Season Update

As the season approaches for filing the 2022 “Component 1” Employer Information (EEO-1) Reports with the Equal Employment Opportunity Commission (EEOC), some questions about filing procedures remain unanswered, particularly for online filers. The EEOC has made several significant changes to the filing process, especially for filers using the popular “Data File Upload” option. Last week, representatives from EEOC’s Office of...
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September 25, 2023
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Category: Agency Enforcement

EEOC Adopts New Five-Year (2024-2028) “Strategic Enforcement Plan”

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has released a new five-year Strategic Enforcement Plan (SEP) listing its enforcement priorities for the period 2024–2028. The SEP signals the Commission’s new focus on the potentially discriminatory impact of artificial intelligence (AI) and automated systems in the employment context. The new SEP also significantly broadens the category of vulnerable workers...
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September 19, 2023
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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September 18, 2023
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Category: Compliance Reporting and Recordkeeping

EEOC Revamps EEO-1 Filing Process, Filing Season for 2022 Reports Opens on October 31

The filing season for 2022 “Component 1” EEO-1 reports will run from October 31 to December 5, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) has announced. The agency also revealed that there will be significant changes to the filing process as it updates its EEO-1 website. It has revamped the Instruction Booklet and Data File Upload Specifications, with implications for employers that...
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