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EEOC Submits Request to Eliminate Optional Disclosure of Non-Binary Data for EEO-1 Reporting

On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB...more

Catherine Eschbach Appointed as New OFCCP Director

The U.S. Department of Labor has announced that Catherine Eschbach will be the new Director of OFCCP, taking over for Acting Director Michael Schloss. Director Eschbach comes from private practice as an Appellate attorney at...more

OFCCP Ordered to Stop All Enforcement Activity and Close Open Audits Under Revoked Executive Order 11246

In response to President Trump revoking Executive Order 11246, Acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an Order on January 24th, instructing DOL employees including OFCCP to stop all enforcement...more

Vermont Latest in Growing List of States to Enact Pay Disclosure Law

Vermont Governor Phil Scott signed H.704 on June 4, 2024, mandating pay transparency in job postings and advertisements. Effective July 1, 2025, employers with at least five employees must include in any “Vermont job opening”...more

Federal Contractors Required to Post Salary Ranges in Job Postings Under Proposed DOL Regulations

In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden Administration has released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when...more

Biden Administration Releases Proposed Rule Requiring Disclosure of Pay Information to Applicants and Prohibition of Reliance on...

In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden administration released on Monday, January 29th, a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors from using...more

OFCCP Contractor Portal to Re-Open March 31, 2023

On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will re-open the Contractor Portal on March 31, 2023. Once open, covered federal contractors and subcontractors must certify that...more

Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports

As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In...more

Second Circuit: Migraines Insufficient To Support A Disability Under The ADA

The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines...more

Fired University Tennis Director Accused Of Sexual Misconduct Of Student-Athlete Allowed To Pursue His Gender Discrimination...

The obligations of educational institutions were elevated even higher in a recent ruling by the Second Circuit Court of Appeals, which held “When universities design and implement polices to ensure the security of their...more

Older Employee Let Go In Reduction In Force Can Proceed To Trial On ADEA Claim

An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age...more

Employer’s Misleading Statements Allow FMLA Claim To Survive Motion To Dismiss

The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and Medical Leave Act (“FMLA”) can give...more

Employer’s FMLA Policy And Legitimate Business Reason Lead To Early Dismissal Of Employee’s Claim

In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker failed to follow Defendant’s FMLA notice requirements when requesting...more

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