On Day 1 of President Trump’s new administration, he issued a series of Executive Orders. The “Ending Radical And Wasteful Government DEI Programs and Preferencing” Order revokes the Biden Administration’s prior DEI efforts...more
1/22/2025
/ Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
Trump Administration
The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
The University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more
11/8/2024
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
FOIA ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
7/23/2024
/ Algorithms ,
Amicus Briefs ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Putative Class Actions ,
Title VII
The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more
3/29/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
Risk Management
The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more
3/27/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
NLRB ,
OFCCP ,
Risk Management ,
Wage and Hour
Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more
Seyfarth Synopsis: Recently, the US Equal Employment Opportunity Commission (“EEOC”) filed a settlement agreement in a lawsuit that many are calling the EEOC’s “first-ever” artificial intelligence discrimination in hiring...more
8/23/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Systems ,
Disparate Impact ,
Employee Training ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Popular ,
Settlement ,
Software
Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in...more
Seyfarth Synopsis: California will now require employers to annually file an equal pay report. Governor Newsom signed into law California’s equivalent of the now-rescinded “Component 2” of the EEO-1 report that would collect...more
10/2/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Governor Newsom ,
Labor Regulations ,
New Legislation ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: On February 10, 2020, Judge Chutkan granted the Office of Management and Budget’s (“OMB”) motion to close the EEO-1 Component 2 data collection tool. ...more
2/13/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Seyfarth Synopsis: Last week the EEOC submitted a status report in the litigation concerning the EEO-1 Component 2 submissions for 2017 and 2018. While employers scramble to meet the aggressive September 30th deadline...more
10/1/2019
/ Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On May 2, 2019, the Federal Register included an unpublished version of the EEOC’s announcement that it will collect 2017 and 2018 Component 2 data from employers as part of the Revised EEO-1 collection...more
Seyfarth Synopsis: Today, the District Court for the District of Columbia issued its ruling regarding the timeframe for collecting pay and hours data in connection with the Revised EEO-1 Report. Ruling from the bench, the...more
Seyfarth Synopsis: Pursuant to ongoing litigation, the EEOC was required to submit a proposed timeline for the collection of pay and hours data in connection with the Revised EEO-1. ...more
4/11/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Seyfarth Synopsis: On March 19, the Court set a schedule to allow the EEOC to submit a timeline for employers to comply with the District Court’s prior ruling which reinstated the collection of pay data in connection with the...more
3/20/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Seyfarth Synopsis: The U.S. District Court for the District of Columbia vacates the Office of Management and Budget’s (OMB) prior order staying the implementation of the revised EEO-1 Report which required employers to report...more
3/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: Today, the EEOC announced that it will extend the deadline for submission of the EEO-1 Report until May 31, 2019. The EEOC promises that additional details and instructions for the 2018 submission,...more
2/5/2019
/ Data Collection ,
Deadlines ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On Wednesday, December 12th, the EEOC hosted a Data Dialogue Listening Session for stakeholders regarding the new Office of Enterprise Data and Analytics (“OEDA”). ...more
Seyfarth Synopsis: In update to our alert yesterday, Acting Chair Victoria Lipnic released a statement regarding the Office of Information and Regulatory Affairs’ (“OIRA”), decision to stay the implementation of the pay data...more
8/31/2017
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OIRA ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On May 23, 2017, the White House released its proposed budget for the 2018 Fiscal Year. Included in the proposal, which would impose deep cuts to many programs administered by the Department of Labor, was...more
Seyfarth Synopsis: On September 29, 2016, the OMB approved the EEOC’s revisions to the EEO-1 report. Beginning in 2018, employers with 100+ employees will be required to annually report pay and hours data to the EEOC for its...more
9/30/2016
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
OMB ,
Pay Discrimination ,
Payroll Records ,
Reporting Requirements ,
W-2 ,
Wage and Hour
Seyfarth Synopsis: On July 14, 2016, the EEOC released revisions to the EEO-1 proposed rule that will require many employers to annually report pay data if approved in its current form. While the EEOC clarified certain...more
Seyfarth Synopsis in a Second: Seyfarth Shaw submitted comments on behalf of the U.S. Chamber of Commerce and standalone comments on behalf of the Firm and its clients responding to the EEOC’s proposal to mandate that...more
Today five members of the reigning World Cup and Olympic champion U.S. Women’s national soccer team filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging wage discrimination. In the EEOC charge,...more