EEOC

EEOC Caregiver Discrimination

March 25, 2022

By Lisa R. Feldman

On March 14, 2022 the EEOC issued new guidance regarding Caregiver Discrimination against employees or applicants who are caregivers, as it relates to the COVID-19 pandemic.1 Note that this guidance supplements, but does not appear to supplant, earlier Caregiver Discrimination Guidance from the EEOC.2 Although these documents are crafted with the pandemic in mind, employers should be mindful of these issues within the broader professional context, as well.

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Updated Guidance on Religious Accommodations to COVID-19 Vaccine Mandates

March 11, 2022

By Brittany R. Frank

On March 1, 2022, the EEOC updated its guidance on religious accommodations to COVID-19 vaccine mandates. While the guidance states that job applicants and employees have a right to request a religious accommodation from an employer’s COVID-19 vaccination requirement under Title VII, the new guidance answers many questions specific to COVID-19 vaccination requirements and specifically addresses how employers should evaluate an employee’s religious objection to the vaccine.

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Employers Take Notice: The NLRB, the DOL and the EEOC Are Working Together to Combat Employer Retaliation

March 4, 2022

By Nihla F. Sikkander

The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL), three federal agencies that enforce major federal labor and employment laws, are joining forces to combat employer retaliation. Employers must be aware that these federal agencies are moving forward with concrete steps to jointly coordinate efforts to take action and litigate against workplace violations and are incentivizing workers to come forward with their concerns.

Read More >> Employers Take Notice: The NLRB, the DOL and the EEOC Are Working Together to Combat Employer Retaliation

EEOC Issues Updated Guidance Regarding COVID-19 Vaccination Incentives

June 9, 2021

By Daniel J. Nugent

Our previous information memo discussed several issues that employers should be aware of when considering whether to provide an incentive to employees to encourage them to receive the COVID-19 vaccine. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated guidance to employers on workplace COVID-19 vaccination policies, including guidance on employer-offered COVID-19 vaccine incentives.

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Pay Equity a Focus For Biden Administration in 2021

March 1, 2021

By Christa Richer Cook

In the wake of the social justice movements and a nationwide push towards greater equality, transparency, diversity and accountability, it is expected that pay equity will be a focus for the Biden administration in the coming year. Pay equity issues are gaining the attention of employees and, in turn, becoming of increasing concern for employers.

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EEOC Issues COVID-19 Vaccination Guidance

December 18, 2020

By Nicholas P. Jacobson and Nolan Kokkoris

On Wednesday, December 16, the Equal Employment Opportunity Commission (EEOC) released new guidance (the Guidance) for employers regarding COVID-19 vaccinations. While the Guidance offers some insight for employers who are considering offering vaccinations to employees or requiring that employees get the COVID-19 vaccination, a number of questions still remain unanswered. The following are some key takeaways from the Guidance.

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The EEOC Supplements Its Guidance on the Application of Disability Discrimination Laws to COVID-19 Issues

September 23, 2020

By Peter H. Wiltenburg

The COVID-19 pandemic has placed employers in a difficult position when it comes to complying with the Americans with Disabilities Act (ADA) and the Rehabilitation Act. New protocols for maintaining workplace safety necessitate inquiries about employees’ health that present privacy pitfalls. Moreover, widespread teleworking early in the pandemic has created new questions about reasonable accommodations as workplaces have reopened. On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) supplemented its existing FAQs to provide additional guidance on some of these issues. The full guidance, including the recent additions, is available here. The most notable points from the September 8 additional guidance are summarized below.

Read More >> The EEOC Supplements Its Guidance on the Application of Disability Discrimination Laws to COVID-19 Issues

EEOC Issues New Guidance on COVID-19

April 20, 2020

By Theresa E. Rusnak

On April 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on COVID-19 in the workplace. The EEOC has been releasing information on the pandemic for employers since mid-March, and the most recent updates to the guidance primarily focus on how employers should accommodate employees during the pandemic as well as how to return individuals to work once the pandemic subsides.

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New Federal Pay Equity Reporting Imposed by EEOC -- Bond Webinar to Unpack the Requirements and Obligations

July 24, 2019

By Thomas G. Eron

On July 15, 2019, the EEOC issued the final protocols for enhanced EEO-1 reporting. Most private sector employers with 100 or more employees are now required to report, on or before September 30, 2019, pay and hours data on all employees for 2017 and 2018 by job category, gender, race, and ethnicity. Initially launched as part of the Obama administration’s initiative to address pay equity, the EEO-1 Component 2 requirements will impose short term burdens and potential long term risks for many employers.

Read More >> New Federal Pay Equity Reporting Imposed by EEOC -- Bond Webinar to Unpack the Requirements and Obligations

U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a Jurisdictional Rule

June 5, 2019

By Justin A. Reyes

On June 3, 2019, the United States Supreme Court unanimously ruled in the case of Fort Bend County, Texas v. Davis that the requirement under Title VII of the Civil Rights Act ("Title VII") to file an administrative charge with the Equal Employment Opportunity Commission ("EEOC") is a non-jurisdictional claim-processing rule. In other words, the Court held that a plaintiff's failure to file an EEOC charge does not automatically preclude a federal court from exercising jurisdiction over the complaint; instead, an employer must "promptly" raise the defense that the plaintiff failed to satisfy the procedural requirement of filing an EEOC charge. An employer's failure to raise such a defense promptly could result in forfeiture of the defense, and a federal court may exercise jurisdiction over the complaint despite the plaintiff's failure to file an EEOC charge.

Read More >> U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a Jurisdictional Rule

EEO-1 Reporting Deadline Extended

February 3, 2019

By Subhash Viswanathan

The U.S. Equal Employment Opportunity Commission announced Friday in a press release that the opening of the EEO-1 Survey for 2018 has been postponed until March 2019 and the deadline for submitting EEO-1 data will be extended until May 31, 2019.

The EEO-1 report must be filed by:  (1) private employers with 100 or more employees, excluding state and local governments, primary and secondary school systems, institutions of higher education, Indian tribes, and tax-exempt private membership clubs other than labor organizations; and (2) federal government contractors or first-tier subcontractors with 50 or more employees and a contract, subcontract, or purchase order amounting to $50,000 or more.

Filers should check the EEOC web page pertaining to the EEO-1 Survey in the coming weeks for details, instructions, and schedule updates.

Read More >> EEO-1 Reporting Deadline Extended