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Oh, So THAT'S What You Meant!

The EEOC clarifies its position on COVID-vulnerable employees. Yesterday, the Equal Employment Opportunity Commission reissued guidance on employers' responsibilities with respect to employees who have medical conditions...more

Employers Get Reprieve On EEO-1 Reporting

Some good coronavirus news. The U.S. Equal Employment Opportunity Commission issued a notice today saying that it intends to delay the collection of 2019 Component 1 data until March 2021. Employers will be required to...more

Unemployment Alphabet Soup: Here's What It Means

PUA, FPUC, PEUC -- TMA (Too Many Acronyms)! I use acronyms when I have to (especially "EEOC"), but I'm not a fan. The federal CARES Act has some very important provisions related to unemployment benefits for people who have...more

Employers Can Test For Coronavirus, EEOC Says

Breaking news. The Equal Employment Opportunity Commission updated its guidance on COVID-19 yesterday to say that employers could test employees for the virus before allowing them into the workplace, and that the testing...more

COVID-19 And "Regular" Discrimination

National origin, race, age, pregnancy -- and coronavirus. Dear Readers: No, I have not quit blogging! As you can imagine, we at Constangy have been consumed with getting up to speed on new laws like the Families First...more

Trump Nominates 3 To EEOC, 2 To NLRB

Some are old, and some are new. Some are "red," and some are "blue." President Trump has announced his nominations for three seats on the U.S. Equal Employment Opportunity Commission and two seats on the National Labor...more

EEO-1 Comp Data Collection Is Officially Ovah!

Everyone agrees that it's time. Remember the spring and summer saga about the collection of EEO-1 compensation data? Yesterday, the judge who ordered the Equal Employment Opportunity Commission to collect the data issued...more

EEOC's New priorities, Plus FY19 Stats

Almost all good news for employers. DHILLON'S FIVE PRIORITIES- Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more

Victoria Lipnic Won't Seek Third Term On EEOC

Will the EEOC lose its quorum? Victoria Lipnic (R) has announced that she will not seek a third term as a Commissioner for the Equal Employment Opportunity Commission. Her second term will expire July 1....more

10 Things For Which This Employment Lawyer Is Thankful In 2019

"It could have been worse" edition. This year was kind of meh from an employment law standpoint. But if Tiny Tim could be grateful despite all that he had to go through, then, by golly, I can be grateful for a mediocre year!...more

EEOC Urges NLRB To Let Employers Prevent, Punish Harassment

A change may be coming. The "N" word. Referring to women in pornographic terms. Ethnic slurs. This is "harassment" under almost all company policies, and it can violate the law, as well. At least one federal appeals court...more

EEO-1 Pay Data Complete?

Uh, no, says judge. Last week, I posted that the Equal Employment Opportunity Commission had asked Judge Tanya Chutkan to declare its EEO-1 "Category 2" pay data collection efforts to be complete....more

EEO-1 Pay Data Collection Is "Complete"

But it depends on what your definition of "complete" is. The Equal Employment Opportunity Commission has filed a motion asking a federal judge to declare "complete" its collection of EEO-1 "Category 2" pay data....more

EEOC To Accept Comp Data Past Reporting Deadline

Didn't get your data in yesterday? You get a break. The Equal Employment Opportunity Commission says that it will continue accepting "Category 2" EEO-1 compensation data for the foreseeable future....more

10 Things Your Employment Lawyer Never Wants To Hear

HR people, you know what I'm talking about. Sharks, vampires, tornadoes, heights, and evil clowns are scary. But sometimes the scariest thing to a management-side lawyer is what employers themselves say. Here are 10 things...more

No More EEO-1 Comp Data, EEOC Proposes

What a colossal waste this has been. The Equal Employment Opportunity Commission issued a Notice, published in yesterday's Federal Register, proposing that it will not seek to collect employers' compensation data (aka...more

In Retaliation Cases, Timing Is Everything.

Or almost everything. Employers, has this ever happened to you? You have a lousy employee, whom we'll call "Igor." You've been meaning to do something about Igor for a while but just haven't gotten around to it....more

Why Transgender Bias Isn't "Sex Discrimination"

According to the DOJ. I finally had a chance to read the brief of the Solicitor General in the R.G. & G.R. Harris Funeral Homes case, in which the Supreme Court will hear arguments on October 8....more

Will The EEOC Change Its Tune On LGBT Rights?

We should know today. The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT...more

Sharon Fast Gustafson Sworn In

The EEOC has a new General Counsel. Yesterday, Sharon Fast Gustafson was sworn in as General Counsel of the Equal Employment Opportunity Commission, filling a position that has been vacant since December 2016....more

EEOC Takes A Hit In Criminal Background Case

No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012...more

Senate Confirms EEOC General Counsel

The position has been vacant since late 2016. Yesterday the U.S. Senate confirmed Sharon Fast Gustafson as General Counsel for the Equal Employment Opportunity Commission. The General Counsel position has been vacant since...more

EEOC Portal For Comp Data Is Now Open!

Let's get this party started. The U.S. Equal Employment Opportunity Commission has announced that its web portal is now ready to accept "Component 2" compensation data from employers....more

Get Answers To Your EEO-1 Comp Data Questions!

The EEOC has a treasure trove. Woo-hoo! The Equal Employment Opportunity Commission has just posted a wealth of information about submission of "Category 2" compensation data....more

EEOC Ready To Accept Comp Data On July 15

Here's the timetable for EEO-1 comp data reporting. Late last week, the Equal Employment Opportunity Commission filed a status report in the case of National Women's Law Center v. Office of Management and Budget. The case is...more

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