Compliance Stuff

The US Equal Employment Opportunity Commission (EEOC) recently signaled that it intends to undertake “robust enforcement” against instances of “anti-American” bias by employers in the United States. In this Legal Update, we review how laws prohibiting national origin discrimination apply to discrimination against Americans, review recent EEOC guidance on and enforcement actions relating to “anti-American” bias, and highlight actions US employers should take in light of the increased focus on “anti-American” bias in the workplace. WHAT IS NATIONAL ORIGIN DISCRIMINATION? Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on a number of protected characteristics, including national origin. The EEOC has recently emphasized that Title VII’s protections “apply equally to all racial, ethnic, and national origin groups,” including Americans. In addition to federal law, certain state and local laws also prohibit national origin...

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. FAA Forces Major U.S. Airlines to Cut Flights as Shutdown Continues  As the federal government shutdown continues, the Federal Aviation Administration said that it is forcing airlines to cut 10 percent of their flights at the nation’s busiest airports, effective Friday morning, November 7, to relieve pressure on air traffic controllers (who are working unpaid) and improve safety.   Multiple business groups and trade associations are not only concerned about the shutdown’s further strain on an already understaffed air traffic control system, but also worried about losses in revenue to industries and the overall impact to the economy as flights are postponed and canceled. For example, the American Hotel and Lodging Association is  reporting  that the shutdown has resulted in an estimated $650 million in lost hotel...

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC)  opened the platform  for employers to submit EEO-1 reports. In doing so, EEOC Acting Chair Andrea Lucas warned employers not to use the data to take employment actions and reinforced earlier technical assistance that diversity, equity, or inclusion (DEI) practices that result in different treatment based on race, sex, or another protected characteristic can be unlawful discrimination. Quick Hits The EEOC has opened the 2024 EEO-1 Component 1 reporting period, emphasizing that employers must not use the reported demographic data to justify discriminatory employment practices based on race, sex, or other protected characteristics.  EEOC Acting Chair Andrea Lucas warned employers that there is no “diversity exception” to Title VII of the Civil Rights Act, even if the data suggests employer policies may have a disparate impact on certain groups. The warning potentially complicates employers’ evaluation ...

  Week 5 of Trump 2. I reported a few weeks ago that  President Trump fired two Democratic Commissioners of the Equal Employme nt Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels) . He appointed Commissioner Andrea Lucas (R) as Acting Chair and left one Democrat, Kalpana Kotagal, on the Commission. One additional seat was already vacant, and as far as I can tell, no one has been nominated to fill that seat, or the seats vacated by Ms. Burrows and Ms. Samuels. The firings plus the vacancy mean that the five-member EEOC currently has only two members and therefore lacks a quorum . That means they can’t issue regulations or guidance, or withdraw or replace regulations or guidance issued during the Biden (or any other) Administration. However, enforcement activity can continue. Or stop, as the case may be. Without question, the EEOC is backing down in certain areas. After an article in  Bloomberg Law  yesterday criticized what was going on,...

  The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs . In order to dispel myths and provide practical answers about your legal risks, FP’s DEI and Equal Employment Opportunity Compliance Team has assembled the following series of questions and answers. TABLE OF CONTENTS General Update on DEI Development Under Trump Legal Risks and Compliance Strategies Looking to the Near Future Federal Contractor Considerations General Update on DEI Development Under Trump How has the federal stance on DEI changed under the Trump administration? The new Trump administration has taken aim at DEI initiatives within both the federal government and the private sector and took a series of dramatic steps related to DEI programs in the first weeks after assuming office. Here are a few key examples: Trump issued an executive order directing federal agencies to combat “illegal” ...