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Five Key Points on DEI from EEOC/DOJ Guidance

The Equal Employment Opportunity Commission (the “EEOC”) issued two technical guidance documents on March 19, 2025 that every employer should read. The first document, issued jointly with the Department of Justice is titled...more

Avoid Political Headaches in the Workplace

As you are no doubt aware, Election Day is only about three weeks away.  As you have no doubt also heard, the country is deeply divided over many issues that are “hot button” topics in the plethora of political ads now...more

De Minimis No More—US Supreme Court Raises the Standard For Denial of a Religious Accommodation in the Workplace

In a striking break from its recent steady stream of divided opinions, last week the United States Supreme Court issued a unanimous opinion making a dramatic change in the level of hardship an employer must show to justify...more

[Webinar] Mental Health In the Workplace - September 22nd, 12:00 pm EST

The EEOC and the DOL have released guidance on employer obligations under the Americans with Disabilities Act and the Family Medical Leave Act when employees have mental health issues that interfere with their ability to...more

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

Practical and Legal Considerations Related to Vaccine Mandates

The Delta variant is sweeping the country. COVID-19 illness rates are increasing.  Many large employers such as Google, Facebook, Morgan Stanley, Tyson Foods, and The Washington Post have made vaccination mandatory for their...more

Non-Binary Employees and Component 2 of the EEO-1 Report

If your company employs 100 or more employees or has 50 or more employees and a federal contract of $50,000 or more, the deadline to file your employee pay information with the federal government is the end of this month....more

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

EEOC Cautions Employers About Discrimination Against Employees who are, or are Perceived to be Muslim or Middle Eastern

Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees...more

EEOC Goes Electronic - ACT Digital Charge Notification and Response System In Pilot Testing

The Equal Employment Opportunity Commission (EEOC) is implementing an online charge notification and response system called “ACT Digital.” Phase I implementation has begun in the areas covered by the Charlotte District...more

Time to Revisit English Only Rules

Employers have long understood that rules prohibiting employees from speaking languages other than English are subject to attack by the Equal Employment Opportunity Commission (EEOC). The EEOC’s position is that a rule...more

Don’t Be Fooled if ENDA Doesn’t Become Law

There have been many news stories recently about the Employment NonDiscrimination Act (ENDA), which the U.S. Senate appears certain to pass this month. Commentators have different opinions about whether the House of...more

Religious Accomodation Reminder

Two recent cases illustrate the importance of training managers to recognize the need to consider accommodation for religious beliefs of employees, and the care with which such requests should be analyzed. Title VII prohibits...more

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