Compliance Stuff

On February 5, 2026, the parties in  Center for Investigative Reporting v. U.S. Dep’t of Labor  filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has paused the disclosure of federal contractors’ EEO-1 reports at the center of this case. Case Background In 2025, the U.S. Court of Appeals for the Ninth Circuit  affirmed the district court’s order  that required the U.S. Department of Labor (DOL) to release EEO-1 report data the agency had withheld in response to Freedom of Information Act (FOIA) requests. The Ninth Circuit held that EEO-1 workforce demographic data is not “commercial” information protected by FOIA Exemption 4 and must be disclosed. The decision became final after the federal government declined to seek rehearing. While the Ninth Circuit’s decision resolved a significant legal question about the scope of FOIA Exemption 4, the  case had not concluded , with additional issue...

At a Glance This Littler Lightbulb highlights some of the more significant employment and labor law developments in the federal courts of appeal in the last month. Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University , 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in violation of 42 U.S.C. § 1981 based on the university’s decisions (1) not to rehire him as an adjunct professor and (2) deeming him ineligible for future employment. In response, the university argued it based its decisions on (1) its investigation of allegations in a separate lawsuit filed by one of the professor’s students claiming he improperly induced her to have sexual relations, (2) two additional reports of potential misconduct, (3) low projected enrollment in the professor’s courses, and (4) the plaintiff’s request for a higher salary than the department had authorized for the adjunct position. The dist...

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to disclose thousands of EEO-1 Type 2 (consolidated) reports submitted by federal contractors, rejecting the agency’s attempt to withhold the reports under the Freedom of Information Act’s (FOIA) Exemption 4. Quick Hits The Ninth Circuit ruled that EEO-1 Type 2 workforce demographic data is not protected “commercial” information under FOIA Exemption 4 and must be disclosed. For contractors that objected, contending the reports contained confidential commercial information, the reports are now likely subject to disclosure; the court did not address other objections based on contractor status or jurisdiction. The decision applies only to historical reports submitted to the DOL from 2016 to 2020 in response to FOIA requests by the Center for Investigative Reporting, but t...

On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in  Wit v. United Behavioral Health , in which he attempted to significantly change how Employee Retirement Income Security Act (ERISA)–governed health plans were administered, particularly third-party administrators’ reliance on medical necessity guidelines and the application of the abuse of discretion standard. The Ninth Circuit ultimately reversed the portions of the decision that were the most troublesome for ERISA plans and third-party administrators. In  K.K.; I.B. v. Premera Blue Cross , issued on February 6, 2025, the Ninth Circuit provided another indication that the approach taken by the district court in the  Wit  matter is in the past. There, the Ninth Circuit affirmed the district court’s grant of summary judgment in favor of the ERISA plan administrator and the self-funded plan. Quick Hits On February 6, 2025, the Ni...