June 08, 2023
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Category: Discrimination and Harassment

EEOC Issues New Anti-Harassment Guidance for Federal Sector

The U.S. Equal Employment Opportunity Commission (EEOC) recently published anti-harassment guidance applicable to the federal sector, following up on its 2017 anti-harassment guidance for the private sector. EEOC’s Promising Practices for Preventing Harassment in the Federal Sector contains several recommendations that private sector employers might find helpful, however, including examples of workplace harassment related to technology. Members of the Center for...
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May 30, 2023
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Category: Agency Enforcement

Ruling by Eleventh Circuit in EEOC v. Eberspaecher Limits Scope of Agency Subpoena

The Equal Employment Opportunity Commission (EEOC or Commission) has broad authority under the statutes it enforces to investigate alleged violations, including the right to demand relevant information. While the federal courts are inclined to defer to the EEOC’s often broad information requests, this does not always happen, as EEOC v. Eberspaecher North America illustrates. In Eberspaecher, a split three-judge panel of...
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May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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May 23, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Updates COVID-19 Guidance as Public Health Emergency Expires

With the official expiration of the COVID-19 public health emergency on May 11, the Equal Employment Opportunity Commission (EEOC) has published revisions to its COVID-19 technical assistance guidance for employers, the first such revisions since July 2022. The EEOC’s original COVID-19 guidance, in the form of a set of Frequently Asked Questions (FAQs) posted on the EEOC’s website, was designed...
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May 08, 2023
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Category: Compensation

EEOC Asks OMB to Approve Three-Year Extension of EEO-1 Component 1 Data Reporting

The Equal Employment Opportunity Commission (EEOC) is seeking approval from the White House Office of Management and Budget (OMB) to continue using a slightly modified version of the Component 1 EEO-1 Report for another three years. If approved by OMB as expected, the slightly revised EEO-1 will go into effect for reports filed through 2025. The Center for Workplace Compliance...
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April 18, 2023
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Category: Agency Enforcement

Does Modified EEOC–CA Worksharing Agreement Mean More Dual Charge Investigations?

A change in the worksharing agreement between the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Civil Rights Department (CRD) suggests that an employer may have to respond to investigations by both agencies stemming from the same charge. The change appears to be driven by the agencies’ discrimination investigations of the company Activision Blizzard, but it has implications well beyond...
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April 17, 2023
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Category: Agency Enforcement

Civil Penalties for Federal Workplace Law Violations Are Significantly Higher for 2023

Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act), the cost of violating employment-related federal laws and regulations enforced by the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the U.S. Department of Justice (DOJ) has increased by more than 7% for 2023. The Inflation Adjustment Act requires federal...
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