Following up on the Trump Administration’s series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel...more
2/11/2025
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Office of Personnel Management (OPM) ,
Trump Administration
Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”).
The Order’s stated purpose is to retract what it describes...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Popular ,
Race Discrimination ,
SCOTUS ,
Title VII
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
As our readers may be aware, President Biden ended 2022 by signing the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers with at least 15 employees to provide reasonable accommodations to a qualified...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
Key Developments -
The most recent article in Foley & Lardner’s Supply Chain Disruption Series shared a number of key takeaways pertaining to accurate and compliant regulatory disclosures in areas including COVID-19...more
10/7/2022
/ Coronavirus/COVID-19 ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Shortage ,
Manufacturers ,
PFAS ,
Russia ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Supply Chain ,
Sustainability ,
Ukraine ,
WTO
More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to...more
7/15/2022
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
New Guidance ,
Rehabilitation Act ,
Title VII ,
Virus Testing
Mandatory Vaccination Policies are on the Rise -
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. In the days that followed (and encouraged by President...more
8/31/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Vaccinations ,
Workplace Safety
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations
Employers struggle with COVID-19 for any number of reasons. However, perhaps one of the main challenges they face is how to keep employees safe, even when one of them tests positive for or is exposed to COVID-19. They are...more
7/8/2020
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
New Guidance ,
OSHA ,
Public Health Emergency ,
State and Local Government ,
Virus Testing
For all the time and effort spent on temperature checking and other anecdotal inquiries for COVID symptoms—and with all its inherent uncertainty given questions about the timing of COVID-19 onset—new Equal Employment...more
This is Foley’s third installment to the Coronavirus FAQs for Employers. We will continue to publish additional FAQs based on inquiries from clients – including best practices as this workplace challenge continues to...more
3/19/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Sick Leave ,
WARN Act ,
Workplace Safety
A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more
2/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Wage and Hour
On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.” Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more
6/4/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII