Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009, the U.S. Supreme Court clarified in Gross v. FBL Financial Services that plaintiffs bringing ADEA claims must prove that age was the “but for” cause
The EEOC Issues Updated COVID-19 Guidance
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated and expanded its guidance regarding the COVID-19 pandemic and federal anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act (“Title VII”). The guidance, initially issued in December of 2020, covers communicating with employees regarding their COVID-19 diagnosis or
The Equality Act: Above And Beyond Bostock
As we’ve written before, the Supreme Court decided in Bostock v. Clayton County, Ga. that sexual orientation and gender identity discrimination is prohibited under Title VII of the Civil Rights Act of 1964. Since the Bostock decision, the EEOC has launched a new resource page on sexual orientation and gender identity, which outlines the agency’s
EEOC Launches Resource Hub on Sexual Orientation, Gender Identity
Last June, in Bostock v. Clayton County, Ga., the Supreme Court ruled that Title VII of the Civil Rights of 1964 prohibits discrimination in the workplace based on sexual orientation or gender identity. We covered that historic ruling, and you can find our original article here.
Although the Court’s ruling was broad in a
EEOC Issues Guidance on COVID-19 Vaccinations in the Workplace
The Equal Employment Opportunity Commission (“EEOC”) recently issued its long-awaited guidance regarding the implications of mandating COVID-19 vaccinations in the workplace under certain EEO laws. In general, the guidance confirms that employers can require that employees receive a COVID-19 vaccination as a condition of employment in certain circumstances, provides guidance on how to communicate with
EEOC’s Proposed Updates to Religious Discrimination Guidance Now Open for Public Comment
On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the Compliance Manual has not been revised since 2008. The public has until December 17, 2020 to issue comments to the proposed update,
Colorado’s CROWN Act Bans Natural Hair Discrimination
Earlier this year, Colorado joined a growing list of states that have banned natural hair discrimination. Colorado’s CROWN Act (Creating a Respectful and Open World for Natural Hair Act) went into effect on September 14, 2020 with the goal of preventing racial discrimination premised on a person’s natural hair type or race-based hairstyle.
The CROWN
House Passes Bill with Broader Requirements for Accommodating Pregnant Workers
On September 17, 2020, the U.S. House of Representatives passed a bill, called the Pregnant Workers Fairness Act (“PWFA”), which would require employers to make reasonable accommodations for pregnant workers. The bill, HR 2694, passed by a 329-73 vote with bi-partisan support. The bill still needs to be approved by the Senate and eventually signed
A Cautionary Tale about Same Race Discrimination
A Black employee complains to Human Resources that her supervisor has directed racial slurs at her. The supervisor is Black too. Is this a defense to liability for the employer under Title VII? Hardly.
The Eighth Circuit considered this issue in Ross v. Douglas County, Nebraska. Odis Ross, a Black male, worked at the Douglas
July News from the EEOC
July has brought the announcement of two six-month pilot programs touted by the EEOC for, it believes, expanding opportunities for parties to resolve Charges of Discrimination voluntarily through mediation and conciliation.
While they sound like the same thing, mediation and conciliation actually carry two different meanings in EEOC-world. Here is what the Commission has rolled