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Job Relatedness and Adverse Impact: What's Legal and What's Not

April 01, 2025

By Lisa Harpe and David Cohen

The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically)...

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EEOC Acting Chair Andrea R. Lucas Renominated

March 26, 2025

By Lily Kerr

On March 25, 2025, President Trump renominated Commissioner and Acting Chair Andrea R. Lucas for a second five-year term at the Equal Employment Opportunity Commission (EEOC). Originally nominated by Trump during his first term in 2020,...

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OFCCP Poised to Review Contractor Data, New Director Considers Reforms

March 25, 2025

By Joanna Colosimo

Yesterday, the Wall Street Journal reported that the new Office of Federal Contract Compliance Programs (OFCCP) Director Catherine Eschbach announced to agency staff that they will review Affirmative Action Plans and data files...

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Catherine Eschbach Appointed OFCCP Director

March 24, 2025

By Mitchell Chamberlin

On March 24, 2025, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that Catherine Eschbach has been appointed the Director of the agency. In this role, she is expected to help...

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EEOC and DOJ Release Technical Guidance on “Illegal” DEI

March 20, 2025

By Joanna Colosimo

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the...

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Former Officials Pen Open Letter to EEOC Acting Chair

March 19, 2025

By Joanna Colosimo and Mitchell Chamberlin

On March 18, 2025, seven former Equal Employment Opportunity Commission (EEOC) officials issued an open letter addressed to Acting Chair Andrea Lucas. This letter was written in response to information...

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EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

March 18, 2025

By Joanna Colosimo

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...

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Appeals Court Lifts Injunction on Executive Orders 14173 and 14151

March 17, 2025

By Fred Satterwhite and Joanna Colosimo

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the government's Motion for a Stay Pending Appeal in the lawsuit concerning two Executive Orders aimed at ending diversity,...

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OFCCP Audit-Related Webpages Reactivated

March 14, 2025

By Cassie Alfheim

Recently, many federal government websites, including several Department of Labor (DOL) pages, have undergone significant changes. In February, the Office of Federal Contract Compliance Programs (OFCCP) website featured only a...

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California Pay Data Reporting in 2025: Everything You Need to Know

March 13, 2025

By Lily Kerr and Benjamin Kerner

The State of California Civil Rights Department’s (CA CRD) fifth annual pay filing is currently underway, with a due date of Wednesday, May 14th, 2025. The filing requirement, first instituted in 2021, was motivated...

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Illinois DOL Makes Equal Pay Registration Certificate Updates for 2025

March 12, 2025

By Dave Sharrer

The Illinois Department of Labor (IDOL) is informing employers with Equal Pay Registration Certificates (EPRC) about changes that will impact upcoming filings.

Key updates include:

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Nondiscrimination Program Requirements for California Contractors

March 07, 2025

By Joanna Colosimo

In the wake of the revocation of Executive Order (EO) 11246, many equal employment opportunity (EEO) and compliance leaders are re-evaluating their state non-discrimination and affirmative action plan (AAP) requirements that may...

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