Posts tagged EEOC
Companies May Soon Be Able to Stop Reporting Employees’ Race
July 27, 2026 // The change is a move in the right direction. It addresses the unseemliness, potential constitutional problems, and implied DEI pressure inherent in the government’s demand for these data. The key caveats are that employers may continue to collect the underlying information, that the numbers may occasionally be missed in legitimate lawsuits and investigations—including challenges to DEI practices—and that a future administration can undo the change. In its Notice of Proposed Rulemaking, the EEOC highlights several key justifications for ditching the reporting requirements. These requirements, perhaps surprisingly, are not spelled out in the law and lie within the agency’s discretion.
Op-ed: Union helps employer persecute its own members, then finds out
July 24, 2026 // As the court observed, a jury could view the union representatives’ actions “as additional evidence that [Association of Flight Attendants] personnel harbored general disagreement with [the] religious beliefs, which may have affected their representation in the disciplinary process.” When employees enter a unionized workplace, they do not forfeit their protections under Title VII simply because their religious beliefs are unpopular with union leadership. And they certainly should not be forced to fund a union that turns around and helps management punish them for their faith.
OPINION NLRB’s Pro Labor Bent OK with Sexist, Racist, Abusive Behavior
June 2, 2026 // Imagine if my co-worker called me a "gutter b****," "crack-head a**," and a "crack hoe." How about a male colleague calling me a "whore" and exposing his privates to me? Or let’s say a co- worker on strike yelled to me and others, "Go back to Africa, you bunch of f****** losers," and "f****** n***** scabs"? Should any of this behavior be tolerated by our employer? All of these are real, recent occurrences against women and Blacks at the hands of their union organizing colleagues, as the Institute for the American Worker catalogued.
Acting Labor Sec. Sonderling likely to move up to top job
April 28, 2026 // Sonderling, 43, is a veteran of Trump's first administration, in which he served as acting administrator of the Labor Department's Wage and Hour Division and later as a member of the Equal Employment Opportunity Commission. The West Palm Beach attorney and grandchild of Holocaust survivors has been widely considered a voice for conservatives within the Labor Department. This contrasts with Chavez-DeRemer, who was appointed largely due to support from Teamsters union President Sean O'Brien and drew criticism on the right for her past opposition to right-to-work laws.
A crackdown on political violence that quietly worked
October 1, 2025 // First, various arms of the federal government have conflicting interpretations over whether employers have the obligation to protect workers from union-related harassment in the workplace or are prohibited from protecting workers from union-related harassment in the workplace. The Institute for the American Worker (I4AW), a labor-policy think tank aligned with the Taft-Hartley Consensus, calls this paradox the “Battle of the 7s” after the relevant, conflicting portions of law, Title VII of the Civil Rights Act (CRA) and Section 7 of the National Labor Relations Act (NLRA). The Equal Employment Opportunity Commission (EEOC), which enforces the CRA, requires employers to prevent workplace harassment, and I4AW reports that its guidance has held that “insults and slurs could trigger liability under Title VII.” Meanwhile, the National Labor Relations Board (NLRB) under the Biden administration ruled that the NLRA protected certain “blatantly discriminatory or harassing language in the workplace, so long as the comments are made in the context of labor union activity.” In addition to creating an apparently unresolvable legal paradox for an employer, this dichotomy seems to tell Big Labor that its misconduct does not matter to public policy and is a wink-and-nod tolerance of it.
US union membership declining in ‘right-to-work’ states, report reveals
September 8, 2025 // Right-to-work laws allow workers represented by unions to stop paying dues for the services and benefits they receive through union representation, depleting resources from labor unions. Public sector workers in all 50 states have also had their collective bargaining rights stripped through the imposition of right-to-work laws by the US supreme court’s 2018 decision Janus v AFSCME. In 2024, states that protect collective bargaining saw an increase of nearly 10,000 union members, compared with the loss of 200,000 union members in states with right-to-work laws.
OPM calls for quicker firings, more stringent performance standards
June 25, 2025 // Don Kettl, professor emeritus and former dean of the University of Maryland School of Public Policy. “In the case of any downsizing in government, training is always the first to go. So is there going to be investment to try to make happen what they’re proposing?” The former HR official said the plan to reduce performance improvement plans to 30 days belies the overall memo as a “red herring.” “If you can’t articulate why someone’s failing and you only give them 30 days to show that they’re no longer failing, it becomes a procedural widget to sustain a termination,” they said. “[And] the Trump administration has done such a thorough job in the last five months cutting the balls off of unions—which is a mistake, because they help provide due process—and the Merit Systems Protection Board, the [Equal Employment Opportunity Commission] and [Office of Special Counsel], it’s going to be hard for current employees under these constraints to win anything.”
Cornell Univ. Graduate Students Hit UE and GSU Unions with Discrimination Charges for Harassing Religious Objectors to Compulsory Unionism
June 20, 2025 // As their charges explain, rather than comply with their valid requests for religious accommodations, UE union bosses instead sent “questionnaires” containing invasive and legally irrelevant questions to religious objectors. The questionnaires include intrusive demands like, “[P]lease include the name and address of the organization sponsoring the [religious] services you attend and the name of the faith leader(s),” and “How long have you had your religious belief?” The end of the questionnaire indicates that union officials may not even respect a student’s religious objection after completion of the form, stating ominously that “The UE national union will review your religious objection upon receipt and may have follow-up questions” (emphasis added).
Federal labor mediation agency cuts staff down to ‘skeleton crew’
March 26, 2025 // The Trump administration is cutting almost the entire workforce at a small, independent agency that handles collective bargaining disputes in the private sector and across the federal workforce. The Federal Mediation & Conciliation Service is terminating most of its employees and services by the end of the day Wednesday, according to four employees who spoke to Federal News Network.
Trump taps EEOC’s Lucas for new term, Morgan Lewis partner for NLRB general counsel
March 25, 2025 // Carey referred a request for comment to Morgan Lewis. The firm's chair, Jami McKeon, in a statement said that Carey's "background, experience, judgment, and training make her highly qualified for this important role, and we are excited for her on this well-deserved nomination.” Lucas, a former Gibson Dunn & Crutcher associate, was first appointed to the EEOC by Trump in 2020. She was a dissenting Republican voice on the Democrat-led board until Trump made her acting chair and named her chief of staff, Andrew Rogers, as acting general counsel.