Law and the Workplace

Tag Archives: EEOC

EEOC Chair Reveals That Agency Intends To Issue A Revised EEO-1 Rule

EEOC sealAs reported in February 2016, the EEOC proposed revising its EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis. The notice and comment period for the proposed rule closed on April 1, 2016. We previously wrote Proposed EEO-1 Revisions Requiring Production Of Pay … Continue Reading

EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

EEOC sealThe Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act (“GINA”). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and will … Continue Reading

Comment Letter Requests SEC Require Public Companies To Furnish Gender Pay Ratio Data To Investors

In a February 1, 2016 comment letter to the Securities and Exchange Commission (“SEC”), Pax Ellevate Management LLC Chair Sallie Krawcheck and Chief Executive Officer Joseph F. Keefe requested that the SEC take steps to require companies to annually disclose gender pay ratio information to investors.  In the alternative, Krawcheck and Keefe requested that the … Continue Reading

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

EEOC sealOn February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register.  Our original post on the anticipated release of this publication can be found here.  With the publication, the EEOC also released a proposed revised version of the EEO-1 report, which … Continue Reading

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

EEOC sealToday, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be required to report “W-2 earnings and … Continue Reading

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace.  The Report contains a number of interesting articles including: An article summarizing the results of a new study conducted by LeanIn.Org and McKinsey & … Continue Reading

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court decision granting summary judgment to Sterling Jewelers Inc. (“Sterling”) on sex discrimination claims filed by the Equal Employment Opportunity Commission (“EEOC”). … Continue Reading

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York, No.14-1395-cv (2d Cir. August 3, 2015), the panel made a number of important holdings, including on how courts should … Continue Reading

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) when not “properly validated” as “job-related” and “consistent with business necessity” under the … Continue Reading

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to fight discrimination against individuals with disabilities in many aspects of everyday life, including in the workplace and in … Continue Reading

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed by the courts. Mach Mining, LLC. v. EEOC, No. 13-1019 (April 29, 2015). The Court reversed a Seventh Circuit ruling that the EEOC … Continue Reading

EEOC Releases Proposed Rule on Employee Wellness Plans

Yesterday, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their obligations under the Americans with Disabilities Act (ADA). The ADA prohibits medical exams that are not job related and consistent with business necessity but permits … Continue Reading

Hiring Tests in the News

A front page article in today’s Wall Street Journal highlights the growing use of pre-employment personality and psychological testing to screen job candidates.  These tests are designed to evaluate technical skills, ability to multitask, friendliness, customer service orientation, communication skills and the like.  New test designs are based on the traits of employers’ most successful … Continue Reading

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and Budget (“OMB”) for review. This is the first step toward official EEOC regulations on the subject of wellness plans. Assuming the OMB provides … Continue Reading

Virginia District Court Rules that EEOC Cannot Issue Early Right-to-Sue Notice

On February 24, 2015, the District Court for the Western District of Virginia dismissed a pregnancy discrimination lawsuit because the Equal Employment Opportunity Commission (“EEOC”) prematurely issued a “right-to-sue” notice, giving the plaintiff permission to file a lawsuit in court before she was allowed to do so under the law. In Taylor v. Cardiology Clinic, … Continue Reading

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.”  The paper praises Freeman Co. for standing up to the EEOC and defending its background check processes, pointing out the EEOC’s repeated failure to present credible evidence … Continue Reading

Senate HELP Committee Issues Scathing Report on EEOC

EEOC sealToday the Republicans on the Senate Committee on Health, Education, Labor and Pensions issued a Minority Staff Report entitled, “EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, and Lack of Transparency Raise Concerns about Important Anti-Discrimination Agency.”  The report details a host of criticisms of the EEOC, finding, among other things that: EEOC’s Office … Continue Reading

New News on Ebola May Require Changes in Employer Procedures

New news reports on Ebola, both about the epidemic in West Africa and new details about the health care workers in Dallas who have been infected, have heightened employer concerns.  Today Andrew Morse of the Wall Street Journal reported that the World Health Organization (WHO) is predicting that as many as 10,000 new cases a week … Continue Reading

Ebola Worries and the Workplace – What Can Employers Do?

With the current Ebola outbreak leading the news, employers may be considering what steps can and should be taken in the event that an employee has recently traveled to an area that is experiencing a significant rate of infection.  First, employers should know that the World Health Organization has stated the “risk of a tourist … Continue Reading

EEOC issues New Guidance on Credit Checks

The EEOC’s March 10, 2014, release of guidance on background checks is proof positive that the agency is continuing its focus on aspects of the hiring process that it believes might have an adverse impact on protected groups.  Its latest guidance, issued jointly with the Federal Trade Commission (“FTC”) however, recognizes that background checks remain … Continue Reading

EEOC Issues New Guidance on Accommodation of Religion

Today, the EEOC issued new guidance on accommodation of religion.  The guidance focuses on accommodation of religious clothing, garb and grooming.  However, it touches on other topics, such as religious harassment, as well.  While the guidance docs not set any new standards, employers should review the many examples of situations that would or would not … Continue Reading
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