Educating employees about sexual harassment — what it is, that it is unlawful, that your organization won’t tolerate it, how to prevent it, how to respond to it, etc. — can contribute to safer and more productive workplace,...more
1/17/2025
/ Anti-Discrimination Policies ,
California ,
Compliance ,
Connecticut ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Rights ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Training
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more
9/25/2023
/ Data-Sharing ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Investigations ,
Memorandum of Understanding ,
Misclassification ,
Pay Discrimination ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Retaliation ,
Training ,
Wage and Hour
Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more
8/17/2023
/ ADEA ,
Age Discrimination ,
Artificial Intelligence ,
Bias ,
Consent Decrees ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Ads ,
Job Applicants
Enacted last year, the Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) began accepting PWFA charges on that date.
EEOC Chair Charlotte Burrows...more
On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EEO ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Harassment ,
Reasonable Accommodation ,
Rehabilitation Act ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Workplace Safety
Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations.
The update explains and clarifies the...more
11/23/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Law Violations ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Workplace Safety
Earlier this week, the EEOC updated its COVID-19 Technical Assistance.
This time to address how Title VII applies when an applicant or employee requests a religious exception to an employer’s COVID-19 vaccination mandate. ...more
We reported on the conciliation procedures that the EEOC proposed during the Trump administration’s waning months. Those procedures, with some revisions, took effect in February 2021.
Some complained that the new...more
This week, to observe LGBTQ+ Pride Month and the anniversary of the US Supreme Court ruling in Bostock v. Clayton County, holding that firing employees due to their sexual orientation or transgender status violates Title...more
Last week, the Equal Employment Opportunity Commission expanded its technical assistance to address COVID-19 vaccinations. Here are some of the highlights.
The new guidance reiterates that the federal anti-discrimination...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
Under Title VII, if the EEOC determines that reasonable cause exists to believe that an employer has violated the law, it must attempt to resolve the matter through conciliation.
Plus, the Commission may sue only if it...more
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.
The document, entitled Use and Misuse of Codeine, Oxycodone,...more
Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?
An antibody test is a medical...more
With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more
6/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
Medical Examinations ,
Pregnancy Discrimination ,
Public Health Emergency ,
Race Discrimination ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Title VII ,
Virus Testing
Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more
Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic:
May employers administer a COVID-19 test — a test to detect the presence...more
On April 17, the Equal Employment Opportunity Commission again updated and expanded its prior guidance on legal issues related to the COVID-19 pandemic. Below is what you need to know most from the EEOC’s new FAQs....more
Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the...more