The U.S. Equal Employment Opportunity Commission in January 2026 rescinded Biden-era workplace anti-harassment and discrimination guidance mainly focused on protections for LGBTQ+ individuals and breastfeeding and pregnancy-related issues. The move, which came after the EEOC achieved a quorum and a Republican majority, follows through on the policy priorities of the Trump administration. But while the […]
The EEOC Equal Employment Opportunity Commission has rolled out the most dramatic shift in its enforcement posture in decades, narrowing some protections and targeting others, especially around disparate impact, diversity, equity and inclusion (DEI) and gender identity. Also, with the confirmation of Commissioner Brittany Bull Panuccio in October 2025, the EEOC once again has a […]
Employers that are hit with a discrimination complaint must act fast to compare the allegations in the lawsuit to the earlier complaint the worker filed to the Equal Employment Opportunity Commission. If the employer can find that the allegations in the complaint filed with the EEOC do not match those in the subsequent lawsuit filed […]
Over the past several years, employers have seen a significant uptick in retaliation and whistleblower claims filed by employees and investigated by federal agencies. Often these claims are part of another complaint, either concerning workplace discrimination or harassment issues and filed with the Equal Employment Opportunity Commission, or concerning workplace safety issues, which are filed […]
The Equal Employment Opportunity Commission has issued new guidance for preventing harassment on construction industry worksites. The guidance, while not binding, can be used as a template for construction firms to implement anti-harassment policies. According to the EEOC, the industry has an especially high incidence of harassment complaints, and “some of the most egregious incidents […]
For the first time in 25 years, the Equal Employment Opportunity Commission has issued updated workplace harassment guidance for employers, increasing possible exposure to employee-initiated lawsuits. The new guidance expands employee protections to include harassment based on sexual orientation and gender identity, as well as taking into account that harassment can be perpetrated virtually via […]
The Equal Employment Opportunity Commission has issued proposed language to update its guidance on harassment in the workplace. The proposed guidance “reflects notable changes in law, including the Supreme Court’s 2020 decision in Bostock vs. Clayton County (which held that LGBTQ individuals are protected from workplace discrimination under Title VII), the #MeToo movement and emerging issues, […]
The Equal Employment Opportunity Commission has issued new guidance on how employers can properly use software, algorithms and artificial intelligence-driven decision-making tools when screening job applicants and selecting candidates. The EEOC has grown concerned about possible adverse impacts of these technologies that can help employers with a wide range of employment matters, like hiring decisions, […]
With COVID-19 cases spreading fast throughout the country in what experts say is the biggest surge since the pandemic started, employers who regularly test their workers may have to change their policies. The Equal Employment Opportunity Commission in July 2022 issued new guidance for when employers can test their workers in order to comply with […]
Employers that are hit with a discrimination complaint must act fast to compare the allegations in the lawsuit to the earlier complaint the worker filed to the Equal Employment Opportunity Commission. If the employer can find that the allegations in the complaint filed with the EEOC do not match those in the subsequent lawsuit filed […]