Late summer odds and ends.
Catholic school guidance counselor supervisor is a "minister," court says. And therefore she can't sue the Archdiocese of Indianapolis for refusing to renew her contract after she entered into...more
And, for that, we should be grateful.
This week, the U.S. Equal Employment Opportunity Commission updated its guidance on COVID-19 and the laws that the agency enforces. In my opinion, it's pretty unremarkable....more
While still complying with the ADA.
The Equal Employment Opportunity Commission issued some helpful guidance on Friday related to employers' use of artificial intelligence and algorithms and the Americans with Disabilities...more
5/18/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Documentation ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Reasonable Accommodation ,
Vendors ,
Wage and Hour
Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist...more
Starting April 13.
The Equal Employment Opportunity Commission has announced that employers can submit their EEO-1 "Component 1" data starting April 13. The deadline to submit data is May 17. Here is the full announcement:...more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
A new series.
NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
3/25/2022
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
GINA ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour
With emphasis on the pandemic.
On Monday, the Equal Employment Opportunity Commission issued updated guidance on “caregiver discrimination” in the workplace. The guidance emphasizes pandemic-related issues, but it is not...more
How could something so convenient be so risky?
Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more
From my blog inbox . . .
"DEAR ROBIN: I am 8 years old.
"Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act.
"Papa says, 'If you see it in EMPLOYMENT AND LABOR...more
Substantively moderate, but logistically? Ugh.
As I'm sure you all have seen, the Occupational Safety and Health Administration released yesterday its long-awaited Emergency Temporary Standard on COVID-19 vaccinations. ...more
11/5/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Employees ,
Federal Register ,
Immunization Records ,
Masks ,
Non-Exempt Employees ,
OSHA ,
Recordkeeping Requirements ,
Remote Working ,
Reporting Requirements ,
Vaccinations ,
Virus Testing
Somebody say "Amen."
The Equal Employment Opportunity Commission has added a new section to its COVID-19 guidance, related to religious objections to vaccine mandates.
I am happy (OK, relieved) to say that the latest...more
10/29/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
EEOC takes a stand on bathrooms and gender identity.
Well, not the whole Equal Employment Opportunity Commission. Just the chair, Charlotte Burrows (D), who has issued non-binding guidance on sexual orientation and gender...more
Don't rely on it too much -- yet.
We recently got our first federal court decision addressing whether an employer had the right to require employees to be vaccinated for COVID-19. The court's answer was yes...
...more
7/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Act ,
Food and Drug Administration (FDA) ,
Popular ,
Pregnancy ,
Religious Exemption ,
Suspensions ,
Termination ,
Vaccinations ,
Workplace Safety
Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Care Providers ,
Human Resources Professionals ,
Incentives ,
Personnel Records ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Exemption ,
State Labor Laws ,
Termination ,
Title VII ,
Vaccinations
Vaccine incentives are generally ok!
The Equal Employment Opportunity Commission today issued revised guidance on COVID vaccinations, which include long-awaited guidance on employer incentives for employees to be vaccinated....more
Can employers breathe easy now?
Last Saturday, I went to the supermarket and did my weekly grocery shopping without a mask.
It was glorious! And completely legal!
But employers may not be as elated as I am, now that...more
5/21/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Pregnancy ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Social Distancing ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Vaccinations ,
Workplace Safety
Test your knowledge about the FMLA, pregnancy bias, and more!
How much do you know about moms in the workplace . . . in 2021? Take our quiz and find out! As long as you are a mom, have a mom, love a mom, or know a mom, you...more
5/7/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Child Care ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
In Loco Parentis ,
Lactation Accommodation ,
Maternity Leave ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations
For two years: 2019 and 2020.
On Monday, the Equal Employment Opportunity Commission announced that its portal for the collection of "Component 1" EEO-1 information is now open.
"Component 1" is the run-of-the-mill...more
Good news!
The U.S. Equal Employment Opportunity Commission said in a letter yesterday to a number of employer groups that it will be issuing guidance on employer incentives to encourage employees to get their COVID...more
For 2019 and 2020.
The U.S. Equal Employment Opportunity Commission has announced that it will collect employers' EEO-1 Component 1 data for 2019 and 2020 starting April 26 and running through July 19...more
Here's the "carrot," after last week's "stick."
Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more