On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) issued a decision on bathroom access in federal workplaces, establishing that intimate spaces such as bathrooms, locker rooms, and sleeping quarters in federal settings are to be designated by sex rather than gender identity. In its decision, the EEOC held that “Title VII permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces.… Continue Reading
Fortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance
Fortune 500 companies recently received an important message from the U.S. Equal Employment Opportunity Commission: review your diversity, equity, and inclusion initiatives carefully.
On February 26, 2026, EEOC Chair Andrea Lucas sent a letter to the board chairs, chief executive officers, and general counsel of Fortune 500 companies reminding them of their obligations under Title VII of the Civil Rights Act of 1964.… Continue Reading
Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading
Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees
Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… Continue Reading
Texas Judge Strikes EEOC Guidance Protecting Transgender Employees
A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation. District Judge Matthew J. Kacsmaryk, who has served as a judge in the U.S. District Court for the Northern District of Texas since appointed by President Trump in 2019, found that the EEOC had exceeded its statutory authority in issuing the guidance and granted summary judgment in favor of the plaintiffs, thereby vacating the guidance nationwide.… Continue Reading
EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data
The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and that beginning this year, all communications sent to filers will be electronic.… Continue Reading
10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The EEOC and the DOJ released a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work,” and the EEOC also released a longer question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work” (collectively, the “Guidance”).… Continue Reading
Trump EEOC Says “Anti-American Bias” Is New Focus of Discrimination Enforcement
On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change comes amidst the Trump Administration’s wider focus away from protecting immigrants and other demographic groups that have been historically viewed as primary targets of discrimination.… Continue Reading
SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims
Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII) needs to show they suffered “some harm” under the terms of their employment, but the harm need not be “material,” “substantial,” or “serious.”… Continue Reading
EEOC Proposes Guidance on Workplace Harassment Enforcement
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its proposed guidance on workplace harassment claims, Enforcement Guidance on Harassment in the Workplace. The proposal is open for comment through November 1, 2023, in the Federal Register.
Employers will want to prepare for the EEOC’s new standards for employer liability, and review its examples of workplace harassment.… Continue Reading