On May 15, 2025, the U.S. District Court for the Northern District of Texas issued a significant ruling in State of Texas v. Equal Employment Opportunity Commission (No. 2:24-cv-00173), declaring that the EEOC’s 2024 Guidance...more
As we reported last month, the U.S. Equal Employment Opportunity Commission’s (EEOC) extended deadline to file a 2023 EEO-1 Component 1 report (for covered entities) was July 9, 2024. That date now behind us, what’s a company...more
In the wake of the Supreme Court’s decision invalidating affirmative action at America’s colleges and universities, a flurry of lawsuits challenging private employers’ diversity and inclusion programs have been filed around...more
10/17/2023
/ ADEA ,
Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Bias ,
Disability Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Compensation ,
Pay Equity Laws ,
SCOTUS ,
Strategic Enforcement Plan
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
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its Draft Strategic Enforcement Plan for 2023-2027 (SEP), outlining the agency's goals and priorities for enforcing federal employment...more
As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more
Recently, we examined the wisdom and legality of mandating retirement for older workers. The gist of that analysis was “don’t do it” except in limited circumstances — and certainly don’t do it without talking to your legal...more
State and Local Order Rule and Regulatory Impact -
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
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
A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Applications ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEO-1 ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Freedom of Religion ,
Gender Identity ,
Grooming Policies ,
Hiring & Firing ,
LGBTQ ,
Personnel Records ,
Reasonable Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
SCOTUS ,
Termination ,
Title VII
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
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
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its FY 2019 Performance Report, touting the agency’s successes and statistics for its fiscal year ending September 30, 2019 - and the details reported...more
As the pool of talented employees tightens, more and more employers are offering perks and benefits to lure the best and the brightest into their ranks. Offering generous benefits for working parents is one of the...more
9/25/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Parental Leave ,
PDA ,
Title VII ,
Wage and Hour
Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC...more
11/4/2015
/ Americans with Disabilities Act (ADA) ,
Data Collection ,
Employee Privacy Rights ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Exceptions ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Incentives ,
Medical Records ,
Popular ,
Proposed Regulation ,
Spouses ,
Wellness Programs
Late last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-anticipated proposed regulations regarding the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness...more