On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning denial of tenure brought under Title VII of the Civil Rights Act of 1964 (“Title VII”). Mawakana v. Bd. Of Trustees of the Univ. of the Dist. Of Columbia, No. 18-7059 (D.C. Cir. June 14, 2019). In Mawakana, an African…

We previously reported here that in April of this year, a federal judge set September 30, 2019 as the deadline for covered employers (i.e., having at least 100 employees) to submit pay data in Component 2 of their EEO-1 reports. This month, the Equal Employment Opportunity Commission (EEOC) posted its online filing portal to be used for Component 2 data submissions, which is a different portal than that used for Component 1 submissions. This portal…

Although it has been more than a month since a federal district court judge ordered the reinstatement of a controversial EEO-1 pay data reporting rule, it is still unclear when employers will need to comply. Employers subject to EEO-1 reporting requirements—including employers with 100 or more employees and employers with 50 or more employees and a federal contract or subcontracting amounting to at least $50,000—should stay tuned for updates on this matter as they may…

Last week, a federal judge overturned the suspension put in place in 2017 by the White House Office of Management and Budget of the EEO-1 form’s new pay data reporting provisions.  Although an appeal of the decision can be expected, it remains uncertain whether such an appeal would result in further delay of the requirements. The reinstated provisions require employers who must file annual EEO-1 reports to, for the first time, report wage information and…

The Office of Federal Contract Compliance Programs (OFCCP) – the Department of Labor office responsible for overseeing federal contractors’ and subcontractors’ equal employment opportunity and affirmative action obligations – was very active in 2018. Led by new Director Craig Leen, who served as acting director of the agency until December 2018, OFCCP issued 12 new directives. Many of these directives suggest that OFCCP is moving in a direction intended to improve transparency, efficiency, and cooperation…

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued new FMLA medical certification and notice forms on September 4, 2018.  The forms are available here.  The new forms are substantively identical to the agency’s previous (now expired) forms, but they include the new expiration date—August 31, 2021—in the upper right hand corner.  Employers who use the government forms should start using the new forms, with the new expiration date, immediately.  Employers who…