As featured in #WorkforceWednesday®: This week, we highlight new guidance from the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) on diversity, equity, and inclusion (DEI)-related discrimination.
We also examine the Acting EEOC Chair’s letters to 20 law firms regarding their DEI practices, as well as the Office of Federal Contract Compliance Programs (OFCCP) Director’s orders to retroactively investigate affirmative action plans.
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
EEOC and DOJ Warn DEI Policies Could Violate Title VII
The EEOC and the DOJ jointly released guidance on discrimination in DEI policies at work, warning that these policies could violate Title VII of the Civil Rights Act of 1964. Although the guidance does not define DEI, it provides clarity on the EEOC’s focus moving forward.
Acting EEOC Chair Targets Law Firms
Acting Chair Andrea Lucas sent letters to 20 law firms warning that their employment policies intended to boost DEI may be illegal.
OFCCP Plans Retroactive DEI Enforcement
A leaked internal email obtained by The Wall Street Journal reveals that newly appointed OFCCP Director Catherine Eschbach has ordered a review of affirmative action plans submitted by federal contractors during the prior administration. These reviews will be used to help determine whether a federal contractor should be investigated for discriminatory DEI practices.
Other Highlights
Update: The NLRB Has Lost Its Quorum – DC Circuit Stays District Court’s Reinstatement of Board Member Gwynne Wilcox – and a New General Counsel Has Been Nominated
Management Memo
Steven M. Swirsky, Stuart M. Gerson
No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements
Workforce Bulletin
Nancy Gunzenhauser Popper, Alexandra Bruno Carlo, Gretel Zumwalt
FMCS Services Curtailed Pursuant to Executive Order
Management Memo
Steven M. Swirsky, Erin E. Schaefer, América Garza
Your Workforce. Our Business.®
As a trusted leader in U.S. employment law, Epstein Becker Green supports employers from a variety of industries in mitigating risks, safeguarding reputations, and enhancing bottom lines. Learn more about our employment, labor, and workforce management services.
About Employment Law This Week
Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.
Prefer to Listen?
You can subscribe to Employment Law This Week episodes on your preferred podcast platform – Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Spread the Word
Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please like and share the edition each week on LinkedIn, Facebook, X, and YouTube, and encourage your connections to subscribe for email notifications.
Trouble viewing the video? Please contact thisweek@ebglaw.com and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!
EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.