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Federal Court Vacates EEOC Harassment Guidance Regarding LGBTQ Individuals

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission (EEOC)’s Enforcement Guidance on Harassment in the Workplace relating to LGBTQ...more

Policy Week in Review – May 2025 #2

House Workforce Protections Subcommittee Holds Hearing on “Reclaiming OSHA’s Mission” - On Thursday, the House Subcommittee on Workforce Protections, chaired by Ryan Mackenzie (R-PA), held a hearing titled “Reclaiming...more

The First 100 Days of the Second Trump Administration

President Donald Trump embarked on an aggressive agenda in the first 100 days of his administration, relying largely on executive orders and administrative action that appear designed to test the limit of the executive...more

Policy Week in Review – April 2025 #4

Chair Cassidy (R-LA) Releases White Paper on Providing Benefits to Independent Workers - On Wednesday, U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) released a white paper...more

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

Policy Week in Review – April 2025

At a Glance - The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior...more

Policy Week in Review – March 2025 #3

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

EEOC and Department of Justice Issue Technical Assistance on DEI

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC), in conjunction with the U.S. Department of Justice (DOJ), issued two “technical assistance” documents “focused on educating the public about unlawful...more

Policy Week in Review – March 2025 #2

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Policy Week in Review - February 2025 #3

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Policy Week in Review - February 2025 #2

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Policy Week in Review - February 2025

We are pleased to present the Policy Week in Review (PWR) prepared by Littler’s Workplace Policy Institute (WPI), the government relations and public policy arm of Littler. The PWR will set forth in one place WPI’s updates on...more

EEOC Acting Chair Issues Statement on Gender Identity, Removes Guidance on Transgender Issues

On January 28, 2025, Andrea Lucas (R), the acting chair of the Equal Employment Opportunity Commission, issued a statement outlining her views on gender identity in the workplace, and listing a series of actions she has taken...more

Trump Fires EEOC Commissioners, General Counsel, Depriving Agency of Quorum

Following on the heels of the January 27, 2025 dismissal of National Labor Relations Board Member Gwynne Wilcox and NLRB General Counsel Jennifer Abruzzo, President Trump fired two of the three Democratic Commissioners on the...more

Trump’s First Week Filled with Sweeping Executive Actions Relating to Labor & Employment Law

Littler’s Workplace Policy Institute Rolls Out Executive Order Tracking - The second Trump administration hit the ground running in its first few days, issuing dozens of executive orders on myriad topics ranging from...more

EEOC Updates Workplace Harassment Guidance

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a long-anticipated update to its enforcement guidance on harassment in the workplace. The update comes almost 25 years after EEOC last...more

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

OFCCP Sued to Compel Release of EEO-1 Data

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

Employers, It’s Time to Update Your EEO Poster

It is old news to most covered employers that they are obligated to post certain notices for their workforce. What these employers may not know, however, is that the EEOC recently updated and replaced its “EEO is the Law”...more

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

EEOC Updates COVID-19 Guidance, Potentially Limiting Employers’ Ability to Screen Employees for COVID-19

On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.  The agency’s update...more

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more

WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more

OFCCP Reverses Course, Will Use EEO-1 Pay Data for Investigation, Enforcement

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

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