EEOC proposes major changes to the federal-sector discrimination process.
On August 26, the EEOC voted 2-1 to propose rules that would substantially change how federal employees’ discrimination complaints are handled. The proposal sets out the following changes:
- Elimination of the pre-filing counseling process and allows employees to file directly with their employing agencies;
- Elimination of the automatic right to an EEOC administrative hearing by limiting hearings to cases involving material factual disputes or novel legal questions;
- Elimination of class-action-style federal-sector complaints;
- The development of new guidelines for complainants on how to present their cases;
- Updates to how attorney fees will be awarded;
- Additional publication of data surrounding complaint outcomes and disciplinary actions.
The EEOC says the goal is to make the process faster and more efficient. Critics argue it would make it harder for federal employees to obtain meaningful review. The proposal is not yet final and will have a 30-day comment period after Federal Register publication.
The NLRB now has a confirmed Republican majority with enough members to revisit precedent
On August 7, the Senate confirmed James Macy and David Prouty to the NLRB, giving Republicans a 3-1 majority. Prouty will begin his second term on the Board, which is set to end in 2031, while Macy will begin his first term. The Board now has enough members to resume deciding cases and potentially revisit major Biden-era precedents concerning union organizing, protected concerted activity, and confidentiality and non-disparagement terms in severance agreements. Any changes will take some time to be approved and implement, however the future of the Board is likely to align with President Trump’s priorities.
Colorado’s new AI/ADMT rules are moving forward
The Colorado Attorney General’s office filed proposed Automated Decision-Making Technology and Chatbot Safety Rules on August 11 to implement SB 26-189 and HB 26-1263. SB 26-189 replaced Colorado’s original AI Act and will govern covered automated decision-making technology used in consequential decisions, including employment decisions. The statute requires developers of covered ADMT to provide deployers with technical documentation concerning intended uses, training-data categories, known limitations, and appropriate human review.
Sources:
https://www.eeoc.gov/newsroom/eeoc-proposes-major-rule-changes-improve-workplace-discrimination-complaint-process
https://coag.gov/ai/?utm_source
https://www.jacksonlewis.com/insights/senate-confirms-macy-prouty-labor-board-giving-republican-members-critical-three-vote-majority