News & Analysis as of

Audits Equal Employment Opportunity Commission (EEOC)

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Florida Attorney General Investigating Starbucks’ DEI Practices

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Florida’s top legal officer said the state will investigate Starbucks for its diversity, equity, and inclusion (DEI) practices. Florida Attorney General Ashley Moody claims Starbucks’ DEI initiatives that are meant to...more

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U.S. Updates Race Categories for First Time in 27 Years

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The U.S. government is changing how it categorizes people by race and ethnicity for the first time in 27 years. Specifically, the update will more accurately count residents who identify as Hispanic and of Middle Eastern and...more

Foley & Lardner LLP

Peter Rabbit Discovers Compliance!

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Well, Easter has come, which can only mean that it is time for our spring holiday compliance special! In honor of the season, here are some interesting facts about Beatrix Potter, the author of The Tale of Peter Rabbit: ...more

DirectEmployers Association

Big Budget Opponents Again Stop a Final Federal FY 2024 Budget While Congress Keeps to Agreement to Limit Agency Spending to FY...

US DOL Budget Will Remain at its Present Level Through March 22, 2024 - It has now become clear that neither Republicans nor Democrats have the stomach to shut the federal government agencies down, but neither does either...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

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OFCCP Compliance: Proactively Prepare for Compensation Audits

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Expanding OFCCP compliance is part of a wider shift to drive pay equity at the federal level. Earlier this year on August 25, 2023, the OFCCP announced its updated Supply and Service Scheduling Letter and Itemized Listing....more

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Sustainability Claims: Has Your Organization Achieved Pay Equity?

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So-called “greenwashing” class actions are emerging as a big risk for companies making sustainability claims. Most recently, a court in California threw out a claim against e-commerce site Etsy, albeit with leave to amend....more

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Class Action Pay Transparency Lawsuits On The Rise

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As we predicted, pay transparency has become a priority for employers worldwide in 2023. Governments and organizations are taking major steps to address disparities in pay and ensure workplace fairness. Failing to comply...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #5

Wednesday, October 25, 2023: Senate Confirmed Nomination of Jessica Looman to Head US DOL’s Wage and Hour Division - Senator Sullivan Only Republican Voting in Favor - By a 51-46 largely party-line vote, the U.S. Senate...more

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EEOC and WHD Alliance Impacts Every Employer

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The EEOC (Equal Employment Opportunities Commission) and Department of Labor WHD (Wage and Hour Division) have agreed on a partnership to enforce “workplace justice issues”. Effective September 13, the EEOC and WHD alliance...more

Miles Mediation & Arbitration

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Morrison & Foerster LLP

OFCCP’s New Burdensome Audit Scheduling Letter Approved

On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal...more

Mitratech Holdings, Inc

NILG’s 2023 Phoenix Conference: Hot Topics from a Hot Place

The NILG Annual Conference is an excellent barometer for what is happening in equal opportunity, affirmative action and Diversity Equity and Inclusion (DEI). At this year’s Conference, held in Phoenix, the hot (pun intended,...more

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AI in HR: Can You Trust Your Pay Equity Software Provider?

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EEOC Title VII guidance released last month highlighted the need for employers to partner with a trusted pay equity software provider. The technical assistance document outlined the application of Title VII of the Civil...more

King & Spalding

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

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Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

Davis Wright Tremaine LLP

EEOC Reminds Employers That Automated Decision-Making Systems Might Discriminate

Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class - Last week, the Equal Employment Opportunity Commission (EEOC)...more

Fisher Phillips

Employers Beware: “There is No AI Exemption to the Laws on the Books”… 4 Steps to Consider When Using AI in the Workplace

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Given the myriad ways artificial intelligence is now being used to streamline business processes, it’s no surprise that federal agencies are scrutinizing potential employment-related biases that can arise from using AI and...more

Mintz - Employment Viewpoints

NYC Issues Final Rules for AI-Based Workplace Decision-Making Tools and (Again) Delays Enforcement

After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...more

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Illinois Moves Rapidly Towards Pay Transparency In Job Postings

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Illinois is increasingly expected to be the next state to require the disclosure of pay scales in job postings in a further step towards reinforcing its pay transparency laws. Pay equity laws in the state are already...more

Lippes Mathias LLP

Emerging Issue: AI Governance

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Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

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Understanding EEO-1 Reporting: Components 1 & 2

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The U.S. Equal Employment Opportunity Commission (EEOC) announced that 2022 EEO-1 data collection will likely open in mid-July 2023, however, this date is tentative. To stay informed, you can find updates when they’re...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Equal Pay Day: Addressing Potential Gender-Based Pay Disparities in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has expressed a renewed intention to enforce federal laws prohibiting discrimination in pay amid a reported persistent “pay gap” between women and men in the United...more

Jackson Lewis P.C.

OFCCP’s Proposed New Scheduling Letter May Fundamentally Change Audits for Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) has proposed changes to the notice, or Scheduling Letter and Itemized Listing, it issues to federal contractors and subcontractors selected for annual compliance...more

Nilan Johnson Lewis PA

It’s the Best Time of the Year…For a Pay Equity Audit

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As 2022 draws to a close, employers are preparing for holiday parties, analyzing their staffing, and assessing compensation for the coming year in light of significant inflationary pressures and historically low unemployment...more

Mintz - Employment Viewpoints

NYC Proposes Rules in Advance of 2023 Automated Employment Decision Tools Law

For years, employers have been exploring the possibility of how automated tools (ranging from basic computer screening methods to advanced artificial intelligence systems) may be able to improve and simplify the hiring...more

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