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Jul 21 2025
Affirmative ActionHarassment & Discrimination

OFCCP closes audits and resumes processing complaints

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified federal contractors of Labor Secretary Order 08-2025, which directs the OFCCP to close all scheduled affirmative action compliance reviews and to resume processing individual discrimination complaints from protected veterans and individuals with disabilities. On January 24, 2025, as we previously reported, the…

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Jun 30 2025
Harassment & DiscriminationWage and HourWashington

Washington equal pay and opportunity regulations released

To help explain and clarify changes to the state’s Equal Pay and Opportunities Act (EPOA) that take effect on July 1, 2025, the Washington Department of Labor & Industries (L&I) has released new rules that take effect on the same day. The EPOA has undergone multiple revisions in recent years, including expanded worker protections (beyond…

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Jun 09 2025
Harassment & Discrimination

Title VII analysis is the same for majority and minority groups

On June 6th a unanimous U.S. Supreme Court ruled that members of a majority group who allege discrimination under Title VII of the Civil Rights Act don’t have to shoulder an extra burden of proof compared to members of a minority group. In this case, a heterosexual woman working at a juvenile correction agency in…

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May 28 2025
Affirmative ActionHarassment & Discrimination

EEOC tentatively opens EEO-1 Report portal for 2024 reports

The Equal Employment Opportunity Commission (EEOC) recently announced tentative plans to begin accepting 2024 EEO-1 Reports from covered employers from May 20, 2025, through June 24, 2025. EEO-1 reporting requirements apply to private employers with at least 100 employees and have historically covered federal contractors with at least 50 employees and a federal contract worth…

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May 20 2025
Harassment & DiscriminationSafety and HealthWage and Hour

Washington Governor signs 2025 legislation

The 2025 legislative session ended on April 27, 2025, with Washington Governor Bob Ferguson signing multiple employment-related bills into law. We separately reported on three of those bills in our last newsletter (expansion of the Fair Chance Act, paid leave for immigration proceedings, and prohibition of driver’s license requirements); today’s newsletter includes individual articles on…

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May 05 2025
Harassment & DiscriminationHiringWashington

New Washington law prohibits driver’s licenses requirements

Governor Ferguson has signed SSB 5501, a new law that prohibits employers from discrimination based on whether an applicant or employee has a driver’s license. Beginning on July 27, 2025, employers are prohibited from requiring a driver’s license as a condition of employment or including a statement in a job posting that an applicant must…

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May 02 2025
Harassment & Discrimination

Executive Order limits enforcement of anti-discrimination protections

On April 23, 2025, President Trump issued an Executive Order entitled, “Restoring Equality of Opportunity and Meritocracy,” which dramatically scales back enforcement of the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII applies to private and public sector employers with 15 or more employees and prohibits discrimination…

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Mar 21 2025
Affirmative ActionHarassment & Discrimination

Fourth Circuit allows anti-DEI orders to proceed

On March 14, 2025, the U.S. Fourth Circuit Court of Appeals removed the temporary hold which we previously reported that a federal district court had placed on the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending…

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Mar 07 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best? Answer: No, you…

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Mar 07 2025
Affirmative ActionHarassment & Discrimination

Anti-DEI portions of Executive Orders on temporary hold

On February 21, 2025, a federal district court in Maryland issued a nationwide order that temporarily prevents the administration from enforcing the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,…

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Feb 07 2025
Affirmative ActionHarassment & Discrimination

Q&A: Take steps now to review DEI practices

Question: We understand the new administration is aiming to discourage diversity, equity, and inclusion (DEI) programs. As a private sector employer, what actions (if any) should we be taking? Answer: We recommend reviewing your current practices and policies and then seeking legal counsel to determine what adjustments to make. Important factors will include not only…

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Jan 28 2025
Affirmative ActionHarassment & DiscriminationHiring

President rescinds Executive Order 11246

On January 21, 2025, President Trump rescinded Executive Order 11246 (the race/ethnicity and gender portion of affirmative action compliance for federal contractors). This is a major change for federal contractors, who have been subject to the Executive Order since President Johnson signed it in 1965. Federal contractors have a 90-day grace period during which they…

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