On December 16 the EEOC updated its guidance regarding the COVID-19 pandemic to include questions and answers regarding the COVID-19 vaccination. Per the guidance, employers may mandate employees receive the vaccine, but employers who do so, must keep in mind employment non-discrimination laws. Noteworthy provisions of the updated guidance are summarized below:
In a previous post on July 22, 2020, we reported on the Equal Employment Opportunity Commission’s (“EEOC”) Pilot Program which modified certain aspects of the EEOC’s mediation program. In October, 2020, the EEOC announced proposed changes to its conciliation process. Conciliation differs from mediation in that mediation provides both parties an opportunity to mediate
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced a pilot program which modifies certain aspects of the agency’s mediation program. The EEOC mediation program is a voluntary, informal and confidential way for parties to resolve EEOC charges prior to the EEOC conducting a formal investigation. The EEOC has launched a pilot program known as
On May 7, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it will delay the opening of the 2019 EEO-1 Component 1 data collection, the 2020 EEO-3 data collection, and the 2020 EEO-5 data collection.
The EEOC was planning to open these surveys in 2020; however, the EEOC decided to delay the opening of
In Fort Bend County v. Davis, the U.S. Supreme Court ruled that the EEOC charge filing requirement under Title VII of the Civil Rights Act of 1964 is not a “jurisdictional” bar to litigation, but instead is a claim-processing rule subject to waiver if the defendant-employer fails to raise an affirmative defense at the
On Friday, Target agreed to pay $3.74 million and review its policies for screening job applicants to settle Carnella Times et al. v. Target Corp., a class action in the Southern District of New York challenging the company’s use of background checks. The suit claimed that Target’s use of criminal background checks violated Title
On March 7, 2018, the U.S. Court of Appeals for the Sixth Circuit determined in a landmark ruling that federal law protects transgender individuals from employment discrimination. The Sixth Circuit also determined that private employers cannot use their religious beliefs to justify discrimination against transgender individuals.
The Sixth Circuit’s decision case in the case
Yes, federal law prohibits employers from discriminating against employees and applicants based on their sexual orientation. Yes, employers who allow discrimination or harassment based on sexual orientation can be forced to pay a full range of damages, including punitive damages.
Employment and civil rights lawyers have struggled to find clear answers to these questions for
Before the expiration of the extended deadline last week, the U.S. Equal Employment Opportunity Commission received over 100 comments to its proposed Enforcement Guidance (“Proposed Guidance”) on workplace harassment. The revised guidance is the first revision to the EEOC’s workplace harassment guidance since the 1990s and the result of the July 2016 report by the
On Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of