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[Podcast] AI Bias Audits

In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor &...more

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize. A survey of 1,342 full-time manager-level employees...more

OFCCP Seeks Voluntary Disclosures from Federal Contractors on EO 14173 Compliance

On June 27, 2025, Office of Federal Contract Compliance Programs (“OFCCP”) Director Catherine Eschbach issued a letter announcing that OFCCP is “providing all federal contractors withthe opportunity to volunteer informationin...more

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

EEOC Opens EEO-1 Data Collection Portal With Reporting Changes

The Equal Employment Opportunity Commission (“EEOC”) has opened the 2024 EEO-1 data-collection cycle and set Tuesday, June 24, 2025, as the filing deadline for submissions. According to the EEOC, this year’s reporting window...more

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

EEOC Seeks Elimination of Voluntary Reporting Non-Binary Data in EEO-1

On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data...more

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

[Podcast] AI at Work: Black Box Issues

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related Executive Orders

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

Florida HR Considerations: Marijuana in the Workplace

First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more

DOL Ceases All Contractor Enforcement Activity Under EO 11246

Following President Trump’s rescission of Executive Order 11246, on January 24, 2025, the Acting Secretary of Labor issued Secretary’s Order 03-2025 (the “Order”), which orders all Department of Labor employees, including...more

What’s Next for OFCCP? Agency Issues First Statement After President Trump’s Revocation of EO 11246

On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order...more

Breaking: President Trump Rescinds Executive Order 11246

On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246....more

What’s Next for OFCCP Under The Second Trump Term?

With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs...more

[Podcast] AI at Work: Training Data Issues

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more

OFCCP Publishes Rule Modifying Pre-Enforcement Notice and Conciliation Procedures

On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and...more

OFCCP Director Jenny Yang Reported to Be Leaving Agency

According to reports, OFCCP Director Jenny R. Yang is expected to leave her position this week. Director Yang became OFCCP Director on January 20, 2021.  At this time, it is not known who will replace her....more

Contractors, Get Ready. New OFCCP Directive Signals A New Unfriendly Enforcement Era

On March 31, 2022, OFCCP issued Directive 2020-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”). The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation...more

Washington Passes “Silenced No More Act” Limiting Nondisclosure and Nondisparagement Provisions In Employment And Independent...

On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”). The Act prohibits agreements containing nondisclosure and...more

OFCCP Proposes Significant Rule Amendments to Increase its “Flexibility” and Loosen Standards For Discrimination Findings

On December 10, 2020, OFCCP published its “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination” (the “Rule”). The Rule was welcomed by the...more

New Census Data Available for Development of AAPs

On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”)...more

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