Miriam Li is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s News and Commentary, the EEOC plans to close pending worker charges based solely on unintentional discrimination claims and the NLRB held that Starbucks violated federal labor law by firing baristas at a Madison, Wisconsin café.
According to an internal memo obtained by Bloomberg, the Equal Employment Opportunity Commission (EEOC) plans to close all pending charges that allege only unintentional discrimination—also known as “disparate impact” discrimination—with limited exceptions. The memo instructs staff to wrap up those cases by the end of September and issue right-to-sue letters by October 31, allowing workers to file their own federal lawsuits within 90 days of receipt. Federal employment law bars intentional discrimination as well as facially neutral policies that disproportionately harm protected groups. Under the recent memo, EEOC charges alleging both disparate impact and intentional discrimination may continue, but staff have been directed not to facilitate conciliation for charges based solely on disparate-impact liability. The move follows an April executive order from President Trump directing federal agencies to halt enforcement actions based on disparate-impact theory.
Meanwhile, on Monday, a National Labor Relations Board administrative law judge (ALJ) held that Starbucks violated federal labor law when it fired four baristas as part of what the judge called “a scorched-earth campaign” against unionizing workers in Madison, Wisconsin. The case began in 2022, when a union organizing meeting at a Madison café ran past closing. Starbucks then fired four employees for remaining in the café after hours. After finding “repeated and egregious violations” of the National Labor Relations Act, the ALJ issued a broad cease-and-desist order to deter further unlawful efforts to thwart union activity. As the ALJ noted, despite numerous findings in recent years that the company violated federal labor law, “Starbucks’ behavior continues unabated.”
Daily News & Commentary
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October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.
October 7
DOL scraps plan to remove decades-old wage-and-hour guidance from federal regulations; New York enacts personnel records access law; Starbucks loses bid to dismiss Workers United trademark suit.
October 6
Protect College Sports Act dampens athlete unionization outlook; Stanford RA union decides to withdraw petition
October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.
October 4
Boston nurses announce open-ended strike; federal judge restores federal prison workers' union protections; St. Louis workers form the first movie theater union in Missouri.
October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.