Tag Archives: EEOC
EEOC Releases Updated Workplace Discrimination Poster
Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful
On 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
Employers 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
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
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
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
EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures
[Podcast]: Mandatory COVID-19 Vaccinations
EEOC Issues Guidance on COVID-19 Vaccines
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)
On 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
The 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
The 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
EEOC Updates Its COVID-19 Guidance
U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date
Coronavirus Concerns Grow As World Health Organization Declares Pandemic
**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
EEO-1 Component 2 Reports Are Still Due September 30, But….
EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports
U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement. The key takeaway for employers … Continue Reading
