Lara Weinberg is a student at Harvard Law School.
In today’s news and commentary, EEOC’s new complaint process is expected to create challenges for federal workers; former UAW leaders endorse a challenger to Fain’s presidency, and Xbox employees protest layoffs during a visit from leadership.
On Wednesday, Bloomberg reported that the EEOC’s new anticipated complaint process for federal employees will ultimately raise barriers for workers and push more cases into federal courts. Currently, federal workers frequently utilize an informal counseling process and right to hearing before an EEOC judge to settle their workplace discrimination complaints: the EEOC reported over 33,500 informal counseling sessions in fiscal year 2021, with only about a third ever leading to a formal complaint. The Commission’s new complaint process would eliminate both the informal complaint process and the right to a hearing entirely. Instead, labor experts expect more formal investigations by agencies, which rarely result in a finding of discrimination. Following that determination, workers will still have the right to appeal to federal court, though it can be time-consuming and costly. The EEOC’s procedural overhaul is also set to eliminate class complaints at the agency level, meaning workers would have to wait until federal court to form a class, a facet over which AFGE has sued the EEOC. A notice of proposed rulemaking for the plan is expected in September, followed by a notice-and-comment period.
Meanwhile, 15 retired UAW leaders, including three retired presidents, publicly criticized President Shawn Fain’s administration and endorsed challenger Tricia Geiger ahead of the union’s upcoming election. In a public letter on Monday, they wrote that they are “deeply worried” by actions taken by Fain during his past four-year term, including putting unqualified people into key positions, failing to reduce dues as promised, and giving mere lip service to shorter work weeks and contract expiration dates. Their statement comes as Fain faces scrutiny from the union’s court-appointed monitor over allegations that he retaliated against Vice President Rich Boyer and Secretary-Treasurer Margaret Mock for various financial decisions, with the Justice Department also investigating claims surrounding Boyer’s removal from oversight of the union’s Stellantis division. Fain has denied wrongdoing and accused the monitor of acting in bad faith. Voting in the election is expected to start this month with results anticipated in October.
Finally, on Tuesday, unionized Xbox employees in Maryland protested a visit from Xbox CEO Asha Sharma. Members of Bethesda Game Studios Union (OneBGS-CWA) planted 800 red flags outside the office to represent the number of workers laid off in 2026 so far. Workers also brought out an inflatable Scabby the Rat and hung up posters and balloons in their offices. In July, Sharma confirmed plans to eliminate 3,200 jobs across Microsoft’s video game division, marking the fifth round of mass layoffs at Xbox in three years. CWA Canada president Carmel Smyth has accused Microsoft of illegally firing workers without advance communication with individuals or their representatives. Next week, on August 18, workers are planning to host coordinated “Save Our Devs” rallies in at least nine offices across the U.S. and Canada to fight for stronger protections against the layoffs.
Daily News & Commentary
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August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.
August 6
Taylor Farms faces scrutiny over labor practices; Bipartisan labor bill gains momentum.