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Republicans demand EEOC response to Loper Bright decision

August 2024 federal employment law insider
Authors: 

H. Juanita Beecher, FortneyScott

After the U.S. Supreme Court’s Loper Bright decision overturning Chevron deference, Senator Bill Cassidy (R-La.) sent a series of letters to various federal agencies seeking their response to the decision. The letter to Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows demanded to know how the EEOC will “adapt to and faithfully implement both the letter and spirit” of the Supreme Court in Loper Bright Enterprises v. Raimondo. The letter asks the EEOC to reply with its answers to a series of questions by July 19, 2024, including how it will change its current practices and how it will facilitate greater congressional involvement in policy issues, as well as whether it will rescind the “illegal inclusion” of abortion in its Pregnant Workers Fairness Act (PWFA) regulations.

EEOC proposes pay data collection

According to the Biden administration’s 2024 Spring Agenda issued on July 12, the EEOC is planning to amend regulations to allow the collection of pay data from employers. The agency is planning to issue an notice of proposed rulemaking (NPRM) in January 2025. The agency had previously collected pay data from employers with 100 or more through Component 2 of its EEO-1 Report after litigation reinstated the Obama-era pay data collection.

Court finds Workday ‘agent’; refuses to dismiss AI lawsuit

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