After multiple delays, on October 31, 2023, the Equal Employment Opportunity Commission (“EEOC”) announced the opening of the 2022 EEO-1 data collection portal. All employers with 100 or more employees, and federal government contractors and subcontractors (“Contractors”) with at least 50 employees and a federal government contract of $50,000 or more are required to file
Discrimination, Harassment and Retaliation
EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four existing EEOC guidance documents issued during the 1990s, as well as a section of the EEOC Compliance Manual on harassment. Members of the public have…
New York State Department of Labor Issues Proposed Regulations on Salary Transparency Law
On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023.
As we previously reported, the statute applies to covered employers who post a job, promotion, or transfer opportunity that can or will be performed, at least in…
Fifth Circuit Expands Universe of Title VII Actionable Adverse Employment Actions
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No. 21-10133, 8/18/23. Overruling its nearly 30-year precedent that actionable employment actions under Title VII must relate to “ultimate employment decisions,” the Fifth Circuit held that a plaintiff need only show that they were discriminated against with respect to hiring, firing, compensation, or the terms, conditions, or privileges of employment, even if such actions were not ultimate employment actions.
EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination
On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination. Under the Government Performance and Results Act Modernization Act, agencies like the EEOC must develop and post a strategic…
EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act
On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities.
The new guidance is part of a Q…