The Equal Employment Opportunity Commission’s (“EEOC”) focus on harassment in the workplace – and construction employers specifically – is no secret. The EEOC’s Strategic Enforcement Plan (“SEP”) for 2024-2028 specifically mentions construction as an industry where barriers in recruitment and hiring are of specific concern and includes combatting systemic harassment as one of the EEOC’s
EEOC Issues Final Pregnant Workers Fairness Act Regulations
The Equal Employment Opportunity Commission (“EEOC”) has finalized its regulations for the Pregnant Workers Fairness Act (“PWFA”), which went into effect last summer. After issuing a Notice of Proposed Rulemaking in August 2023, summarized here, and a notice and comment period, the EEOC published the Final Rule in the Federal Register on April 19…
EEOC Issues Robust Proposed Enforcement Guidance on Harassment in the Workplace After Stalled Attempt Under Trump Administration
After a 3-2 vote along political party lines, the EEOC recently voted to publish its Proposed Enforcement Guidance on Harassment in the Workplace, which remains open to public comment until November 1, 2023. When the current version is finalized, it will be the first update on harassment issued by the EEOC in almost 25…
EEOC Identifies Strategic Enforcement Issues for Next Five Years
Last week the EEOC issued its Strategic Enforcement Plan Fiscal Years 2024 – 2028 (FYI 2024-2028). According to the Agency, the plan “establishes the EEOC’s subject matter priorities to achieve its mission of preventing and remedying unlawful employment discrimination and to advance its vision of fair and inclusive workplaces with equal opportunity for all.” In…
EEOC Settles First Suit Regarding the Use of Artificial Intelligence
We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of artificial intelligence tools. We also reported in February of this year about the public hearing held by the EEOC in…
Update on EEOC Scrutiny of Artificial Intelligence Tools
We previously reported that disability advocates for many years had been asking for action with respect to the use of artificial intelligence (“AI”) tools, as it is estimated that approximately 80% of employers use some form of automated tool to screen candidates. To that end, on May 12, 2022, the U.S. Equal Employment Opportunity Commission…
EEOC Revises Mandatory Workplace Poster
On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights: Workplace Discrimination is Illegal”. The new poster is simplified in that it uses plain language and bullet points which summarize the rights of employees and…
USWNT $64 Million Settlement Underscores Importance of Equal Pay Practices
Although the U.S. Women’s National Soccer Team’s pay discrimination settlement this week was notable for its $24 million price tag, it is also notable because it highlights the very real risk that employers face over unequal pay practices.
Members of the USWNT originally filed the case in 2019 accusing U.S. Soccer (the sport’s governing body)…
Congress Repeals EEOC Conciliation Rule
On June 24, 2021, the U.S. House of Representatives voted to roll back a rule created under the Trump Administration governing EEOC conciliation as an alternative process to litigation for resolving workplace discrimination allegations. This paves the way for final repeal of the rule through President Biden’s signature since the Senate also voted to repeal…
EEOC Issues New Workplace Vaccination Guidance
The EEOC issued significant new guidance today covering workplace COVID-19 vaccination policies and practices. Click Here to View. The EEOC’s new guidance answers several of the frequently asked questions about COVID-19 vaccination policies.
Some of the most notable answers in the new EEOC guidance include the following:
- Employers can require all employees who physically enter
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