Law and the Workplace

Tag Archives: EEOC

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

By Evandro Gigante, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
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 … Continue Reading

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

By Evandro Gigante, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
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 & … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).  Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage … Continue Reading

EEOC Releases Technical Document on AI and Title VII

By Joseph O’Keefe and Shanice Z. Smith-Banks on Posted in Artificial Intelligence, Title VII
On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964. The document was released as a part of the EEOC’s Artificial Intelligence and … Continue Reading

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

By Evandro Gigante, Laura Fant and David Gobel on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
CoronovirusOn May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … Continue Reading

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

By Evandro Gigante, Laura Fant and Alisha Bruce on Posted in Discrimination, Harassment and Retaliation
Key Takeaways Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible. Employers have a duty to provide accommodations for job applicants and … Continue Reading

EEOC Releases Updated Workplace Discrimination Poster

By Evandro Gigante, Laura Fant and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display in the workplace.  The poster summarizes protections under various anti-discrimination laws that the EEOC enforces, such as Title VII, the Pregnancy Discrimination Act, and … Continue Reading

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
EEOC sealOn October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

By Joseph O’Keefe, Edward Young and Dixie Morrison on Posted in Artificial Intelligence, Hiring/Background Checks
artificial intelligenceEmployers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here. On May 12, 2022, … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

By Evandro Gigante and Alex Downie on Posted in Coronavirus
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy. The guidance builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. … Continue Reading

EEOC Issues Additional Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum, Alex Downie and Julia Hollreiser on Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic. … Continue Reading

EEOC Announces Employers Have Until August 23, 2021 to make their 2019 and 2020 EEO-1 Submissions

By Guy Brenner and Rebecca Fishbein on Posted in Coronavirus
***August 18, 2021 Update: Following an EEOC extension, employers now have until Monday, October 25, 2021 to submit their 2019 and 2020 EEO-1 filings.  The EEOC has stated this is the final extension and there will be no further extensions*** ***June 28, 2021 Update: Following an EEOC extension, employers now have until Monday, August 23, 2021 … Continue Reading

EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures

By Evandro Gigante and Scott Tan on Posted in Workplace Restructuring and WARN
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be included in disclosures required to waive age discrimination claims under the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers … Continue Reading

[Podcast]: Mandatory COVID-19 Vaccinations

By Evandro Gigante and Harris Mufson on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use.  Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations.  As such, many employers have been grappling … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

By Alex Downie, Evandro Gigante, Guy Brenner, Harris Mufson and Laura Fant on Posted in Coronavirus, Discrimination, Harassment and Retaliation
EEOC sealOn September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading

EEOC Releases Guidance on Employee Opioid Use and the ADA

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Pill BottleThe Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also released a companion document for health care providers on helping patients who have used opioids to remain employed. The guidance defines “opioids” to include … Continue Reading

CDC Issues Guidance Warning Against Use of Antibody Testing in Making Decisions Regarding Returning Employees to the Workplace

By Evandro Gigante, Harris Mufson and Laura Fant on Posted in Coronavirus
CDC LogoThe CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is primarily directed at clinical and public health entities, it does contain some information relevant to employers, educational institutions, and other entities who may be considering whether and to what extent such antibody testing may play … Continue Reading

EEOC Delays EEO-1 Reporting Deadline Until 2021

By Caroline Guensberg and Guy Brenner on Posted in Coronavirus
As the March 31, 2020 deadline for submitting 2019 EEO-1 reports came and went without the EEOC opening its reporting portal, many employers have been awaiting the EEOC’s announcement of when it would begin accepting the reports.  On May 7, 2020, the EEOC gave employers the answer, announcing that it is delaying collection of 2019 … Continue Reading

EEOC Updates Its COVID-19 Guidance

By Caralyn M. Olie and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On June 17, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing necessary considerations for employers that have employees returning to the workplace who are at higher risk for more severe illness due to COVID-19. This update supplemented the agency’s earlier guidance regarding best practices for diagnostic testing of employees, and the … Continue Reading

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

By Eric Novak, Nicole Eichberger and Rachel Therese Gulotta on Posted in Discrimination, Harassment and Retaliation
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit reversed a one-sentence Texas district court ruling, which dismissed with prejudice the Equal Employment Opportunity Commission’s (“EEOC”) complaint alleging violations of … Continue Reading

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

By Evandro Gigante, Rachel Therese Gulotta, Nayirie K. Mehdikhani, Laura Fant, Harris Mufson and Guy Brenner on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Coronovirus**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories.  The WHO … Continue Reading

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

By Allison Martin and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that agreements requiring mandatory arbitration of discrimination claims as a condition of employment are contrary to the principles of the federal employment discrimination statutes. In … Continue Reading
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