Welcome to Issue #10 of The Compliance Brief. Every Tuesday I break down the HR and labor law updates that actually matter to small businesses — in plain English, no legal jargon.

The EEOC Just Shifted How It Enforces Discrimination Law — Here's What Changed

A significant enforcement shift is underway at the EEOC that small employers should understand.

On June 9, the DOJ issued a memo narrowing how it views disparate-impact liability under Title VII — the theory that a neutral policy can still be discriminatory if it disproportionately affects a protected group. The EEOC has followed suit, reportedly stopping disparate-impact investigations entirely.

The shift is toward narrower, intent-based enforcement — explicit bias in hiring, promotion, or termination decisions — rather than policies that produce unequal statistical outcomes.

What this doesn't mean: discrimination law hasn't gone away. The EEOC is still active on accommodation failures, harassment, and retaliation. And disparate-impact claims can still be pursued in court even if the EEOC won't bring them federally.

Action step: Make sure hiring and promotion decisions are documented, consistent, and based on clear business justifications — this protects you regardless of which way enforcement swings.

1. New Form I-9 Deadline: July 31

The updated Form I-9 must be in use by July 31, 2026. If you're still on an older version — or your electronic I-9 system hasn't been updated — check now. The deadline is weeks away.

2. Virginia Just Added Menopause as a Protected Class

Effective July 1, Virginia expanded anti-discrimination protections to include menopause and perimenopause, added pay transparency requirements for job postings, and extended Human Rights Act coverage to businesses with as few as five employees. If you have Virginia workers, your job postings and handbook likely need updating.

3. New Labor Secretary Nominated

President Trump nominated Keith Sonderling as permanent Labor Secretary on June 29. His background in the Wage and Hour Division signals continued emphasis on compliance assistance over aggressive enforcement — but wage-hour risk remains active regardless of leadership tone.

✅ Check your I-9 form version — confirm you're using the updated version before July 31

✅ If you have Virginia employees, update job postings to include pay ranges and review handbook language

✅ Review hiring and promotion documentation — decisions should be consistent and business-justified

✅ If you use electronic I-9 systems, confirm your vendor has applied the July 31 update

USCIS's I-9 Central has the current form, instructions, and employer handbook — the authoritative source before the July 31 deadline: uscis.gov/i-9-central

That's it for this week. Short, actionable, no fluff.

If this was useful, forward it to another small business owner who could use it.

See you next Tuesday.

The Compliance Brief thecompliancebriefhq.com

This is for informational purposes only and does not constitute legal advice.