Compliance Stuff

Takeaways The DOJ analysis bolsters EEOC’s shift away from disparate impact liability theories of employment discrimination.  The DOJ memo proposes stricter limits on disparate impact claims. Related links DOJ Office of Legal Counsel Memo   EEOC Releases New National Enforcement Plan   Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It EEOC to Halt Investigations into Disparate Impact Claims Article On June 9, 2026, the Department of Justice’s (DOJ) Office of Legal Counsel released a memorandum opinion finding the Equal Employment Opportunity Commission’s (EEOC) existing guidelines on Title VII of the Civil Rights Act’s disparate impact provisions to be unconstitutional. EEOC Chair Andrea Lucas had requested that the DOJ review the EEOC’s interpretative rules and guidance documents to advise whether the Title VII disparate impact provisions were constitutional as currently interpreted and applied. The memo’s conclusions align with ...

GovDocs’ Webinar  Employment Law Shifts: First 120 Days of Trump Administration  tackles several of the notable employment law changes initiated by President Trump’s Second Administration. As stated by Presenter Jana Bjorklund, GovDocs Senior Counsel and Director, the Trump Administration has been “wildly busy” over the last four months, and much of it has been directed towards employment law.    In the webinar, Bjorklund identifies several key employment law shifts – including DEI, disparate impact liability, and federal contractor compliance – and discusses how these changes impact employers. Diversity, Equity, and Inclusion   There should be no surprise to employers that DEI has been a “hot button” since the start of Trump’s second term, as indicated by Bjorklund . Notably, she discusses two executive orders signed by President Trump earlier this year that had immediate impact to DEI:  Executive Order 14151 – Ending Radical and Wasteful Government DEI Pr...

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 ...