The Additional Instructions significantly curtail the reporting obligations that federal agencies have maintained for more than two decades under Management Directive 715 (MD-715), the Commission’s primary framework for overseeing federal agency employers’ equal employment opportunity (EEO) programs. The directive relieves agencies of the obligation to report on barrier analysis, diversity and inclusion principles, gender identity, and key demographic workforce data broken down by race, national origin, and gender, and grants agencies broad discretion to omit additional reporting elements they determine to conflict with recent executive orders.
Commissioner Kalpana Kotagal issued a dissenting statement the same day, arguing that the Additional Instructions wrongly repealed core statutory and regulatory obligations, abandoned the Commission’s oversight mission, and were adopted without public input. Although the Instructions apply directly to federal agencies, private-sector employers face related exposure: Commissioner Kotagal retains independent authority to pursue enforcement through commissioner-initiated charges, and the Commission has simultaneously proposed rescinding demographic reporting requirements for the private sector.
Quick Hits
The relator managed to connect alleged upcode overcharging to the submission of bills to the government that would have necessarily contained inflated charges. A qui tam relator who did not plead ...