TakeawaysThe 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
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
Eleventh Circuit Confirms Waiver of Damages Cap in Title VII Case
On May 28, 2026, the U.S. Court of Appeals for the Eleventh Circuit ruled that the employee-headcount damages cap under Title VII of the Civil Rights Act of 1964 is a waivable affirmative defense and that Title VII defendants must explicitly raise the applicable statutory damages limit as an affirmative
Associational Discrimination: When an Employee’s Relationship Creates Employer Risk Workplace Wake-Up with Jen Shaw
Associational discrimination claims arise from an employee’s relationship with someone else — such as a family member, spouse, friend, or caregiver connection. In…
EEOC Signals End to Federal EEO-1 Reporting, but Employers Should Still be Prepared to File in 2026
While the precise timeline is unknown, most agree that eventual rescission of required reporting is inevitable.
EEOC Signals End to Key Federal EEO Reporting Mandates: Timing Uncertain + State Obligations Remain
TakeawaysThe EEOC has proposed rescinding long-standing federal EEO reporting and recordkeeping requirements, including the EEO-1 framework. Any rescission must go through the Administrative Procedure Act rulemaking process and could face legal challenges, making timing and outcomes uncertain. Even if federal EEO-1 requirements are eliminated, employers may still face state demographic data collection and reporting obligations.Related linksEEOC OIRA Proposal Submission29 C.F.R. Part 1602Article
EEOC Filing Signals Likely End to EEO-1 Reporting
EEOC Filing Signals Likely End to EEO-1 Reporting
Since 1966, employers with 100 or more employees have been required to file the Standard Form 100, popularly known as the EEO-1 Report, annually. This form collects information on all of an employer’s work locations and the number of employees at each
Litigation Lens: PIPs Under the Microscope—Adverse Action or Management Tool? (Podcast)
In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme Court’s Muldrow standard. The speakers discuss the
U.S. Supreme Court Declines Review in Bivens v. Zep: What the Ongoing Split Means for Employers
The U.S. Supreme Court has declined to review the Sixth Circuit’s decision in Bivens v. Zep, leaving intact that court’s holding that an employer’s liability under Title VII for harassment of employees by third parties depends on the employer’s intent. The Court’s decision also leaves in place a growing divide among the federal courts of appeals regarding the legal standard to establish liability on this issue.
First Circuit Rejects Per Se Rule that Performance Improvement Plans Automatically Qualify as Adverse Employment Actions
First Circuit Rejects Per Se Rule that Performance Improvement Plans Automatically Qualify as Adverse Employment Actions
This month, in Walsh v. HNTB Corporation, the U.S. Court of Appeals for the First Circuit affirmed a district court finding that placing an employee on a performance improvement plan (PIP), by itself, does
No Shortcuts: Fourth Circuit Invalidates Agreements to Curtail Statutory Filing Periods
Employers may not use private agreements with employees to shorten the statutory filing periods for claims under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA), according to the U.S. Court of Appeals for the Fourth Circuit.
District Court Clears Path for DOL Release of Federal Contractors’ EEO-1 Data
On February 9, 2026, the U.S. District Court for the Northern District of California approved the parties’ stipulation in Center for Investigative Reporting v. U.S. Dep’t of Labor and lifted the temporary stay that had paused disclosure of federal contractors’ EEO-1 reports. With the stay lifted, the U.S. Department of Labor (DOL) can begin releasing… Continue Reading…
DOL to Release EEO-1 Reports Following Ninth Circuit Ruling
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… Continue Reading…
2026 Employee Data Reporting Requirements: Are Employers Ready?
- Workforce-related reporting obligations to federal and state governments extend beyond the Employer Information Report (EEO-1 Report) and include emerging state-specific workforce and pay data reporting requirements.
- Coverage thresholds, information discl
Ninth Circuit Decision on EEO-1 Reports Is In, But the Case Is Not Over
The U.S. Court of Appeals for the Ninth Circuit case involving EEO-1 reports and the Freedom of Information Act (FOIA) has taken another procedural turn. The court’s July 2025 decision in Center for Investigative Reporting v. U.S. Dep’t of Labor upheld the U.S. District Court for the Northern District of California’s finding that workforce composition… Continue Reading…
The “Disparate” Dilemma in Employment Discrimination Litigation
Employers shouldn’t overly rely on reports that the EEOC is no longer interested in disparate impact: Private lawsuits or other entities bringing such claims, both in the traditional discrimination and the emerging “illegal DEI” contexts, still pose legal threats. In this episode, our attorneys discuss disparate impact versus treatment, “job-relatedness” defenses, the role of statistics and the value of privileged disparate impact analyses, and the need for employer vigilance given the ongoing financial and reputational risks associated with disparate impact claims.