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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October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.