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
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
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
EEOC Suspends Issuing Case Closure Documents Unless Requested
The COVID-19 pandemic has caused the U.S. Equal Employment Opportunity Commission (EEOC) to announce that it has temporarily suspended issuing case closure documents, such as right-to-sue notices, unless requested by the claimant.
Nothing in the EEOC’s announcement precludes claimants from filing new EEOC charges.
Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does this Mean?
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking and enforcement power when it issued its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment
Reminder: Religious Discrimination and Harassment Is Still A Serious Issue
When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment. Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others.
While
In #MeToo Era, EEOC Intensifies Focus on Workplace Sexual Harassment
The US Equal Employment Opportunity Commission (EEOC), the lead agency that administers federal anti-discrimination laws, has publicly announced its preliminary data for Fiscal Year 2018 regarding charges of sexual harassment in the workplace.
And while the data are still preliminary, they are striking, perhaps reflecting the growth and influence of the #MeToo movement.
In several
Volvo Reaches $70k Settlement in Disability Discrimination Suit After Refusing to Hire Applicant on Suboxone
Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC).
According to the suit, Volvo made a conditional job offer to a qualified applicant for a laborer position at its Hagerstown, Maryland facility. The applicant,
It’s Finally Spring! Time to Clean Your Job Postings
T
he equinox has come and went, meaning warm weather is thankfully approaching. This also means spring hiring season is here for many employers. However, caution is advised. Given the ease of un-vetted online job postings, many forget that these posts are legal minefields (and public too). Federal, state, and local agencies (as well as