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State and Local Sexual Harassment Prevention Training Requirements

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

Supreme Court Raises Bar for Employers Assessing Employee Religious Accommodation Requests

Title VII requires employers to accommodate their employees’ religious practices unless it would impose an “undue hardship on the conduct of the employer’s business.” Fifty years ago, in Trans World Airlines, Inc. v....more

EEOC Updates COVID-19 Technical Assistance

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

DC Circuit Relaxes Standard for Title VII Plaintiffs

Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the...more

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance 

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

Accommodating Requests for Religious Exemption to Employer COVID-19 Vaccination Requirements: EEOC Updates COVID-19 Technical...

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

EEOC Publishes New Resources About Sexual Orientation and Gender Identity Workplace Rights

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

The EEOC Issues Expanded COVID-19 Technical Assistance

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

EEOC Proposes Final Rules Regarding Incentives for Participating in ‘Voluntary’ Wellness Programs

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

Department of Labor Issues Rule Clarifying Religious Exemptions for Government Contractors

On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more

EEOC Proposes Rules to Enhance Conciliation

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

EEOC Updates COVID-19 Technical Assistance Guidance

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

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