The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more
5/7/2024
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Harassment ,
Hostile Environment ,
LGBTQ ,
Reasonable Accommodation ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on...more
4/19/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
New Legislation ,
Notice Provisions ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
State Labor Laws
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will...more
10/5/2023
/ Anti-Harassment Policies ,
Birth Control ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
Proposed Regulation ,
Releases ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Harassment Guidance
On August 7, 2023, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules for implementing the Pregnant Workers Fairness Act (PWFA). Once published in the Federal Register, the public will have 60 days to...more
8/15/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII
As a result of two new Texas laws (SB 45 and HB 21), sexual harassment claims will now be treated differently than any other type of discrimination or harassment claim filed under state law. The new laws went into effect...more
The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may...more
Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more
5/17/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Masks ,
OSHA ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Voluntary Disclosure ,
Workplace Safety
As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC)...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Incentives ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
With one pharmaceutical company already receiving emergency use authorization for its COVID-19 vaccine, and a second drug maker apparently on the cusp of receiving authorization, employers, eager to return to normal business...more
12/18/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be...more
10/30/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Independent Contractors ,
Joe Biden ,
Labor Relations ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Fairness Act ,
Presidential Elections ,
Proposed Rules ,
Union Organizers ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more
6/20/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more
4/11/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Protected Activity ,
Retaliation ,
Sexual Harassment ,
Title VII ,
TX Supreme Court
Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for...more
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more