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With comments now submitted, the Equal Employment Opportunity Commission (EEOC) has cleared the last procedural hurdle to promulgating a final rule eliminating the requirement that employers disclose demographic data through EEO-1 reports. For more than sixty years, private employers with more than 100 employees and federal contractors with more than 50 employees have been required […]
On August 12, a federal district court dismissed the Equal Employment Opportunity Commission’s (EEOC) subpoena enforcement action against Nike at the EEOC’s request. The EEOC said Nike had provided it with the information it sought between March and August. The lawsuit was filed in the Eastern District of Missouri in February after the original charge […]
Disability accommodation claims have long been among the most common workplace discrimination claims, but the recent increase has been unusually sharp. One major driver is telework as a requested reasonable accommodation. For employers managing return-to-office expectations, the practical question is whether there are lawful ways to evaluate, limit, modify, or deny telework requests when appropriate. […]
On July 21, the U.S. Equal Employment Opportunity Commission (EEOC) voted to approve a draft notice of proposed rulemaking that would rescind the EEO-1 report and related demographic data reporting requirements, ending an obligation that has been a fixture of federal employment compliance for six decades. While the proposal must still navigate the notice-and-comment process […]
The Equal Employment Opportunity Commission (EEOC) continues to signal that pregnancy discrimination and pregnancy accommodation practices remain important agency enforcement concerns. First, on June 4, 2026, the EEOC adopted its new National Enforcement Plan for fiscal years 2025 through 2029. The plan specifically identifies cases that may help develop and define the scope of employer […]
In response to a request from the Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas, the Department of Justice’s (DOJ) Office of Legal Counsel (OLC) on June 9 issued an opinion declaring the EEOC’s current guidance on disparate impact under Title VII of the Civil Rights Act of 1964 to be unconstitutional. Background The concept […]
On January 22, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, No. 915.064, an almost 200‑page document that consolidated decades of agency positions and practices for preventing and correcting harassment. The Republican majority—Chair Andrea Lucas and Commissioner Brittany Panuccio—approved the rescission over the dissent […]
In the year since President Donald Trump issued a series of executive orders targeting diversity, equity, and inclusion efforts, the federal government’s approach has evolved from initial guidance to active investigations and other legal challenges to workplace DEI programs. Recent actions by the Equal Employment Opportunity Commission, Department of Justice, and Federal Trade Commission signal […]
Employers would be well-served to review their policies, practices, and procedures to ensure that they are in line with the Equal Employment Opportunity Commission’s (EEOC) current focus and priorities. Pay Attention to EEOC’s Targets The watch words of “equity versus equality” underpin the EEOC’s targets for enforcement actions. According to official and unofficial statements made […]
In February 2026, the Equal Employment Opportunity Commission (EEOC) issued guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities.” Although it’s targeted toward federal agencies, the guidance draws on standards also relevant to private employers covered under the Americans with Disabilities Act (ADA). Alternative Reasonable Accommodations The ADA entitles qualified […]