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
Last week, the Equal Employment Opportunity Commission (EEOC) announced that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021. As a reminder, private employers with 100 or more employees, as well as federal contractors with 50 or more employees, are required to submit EEO-1 Component 1 data, which
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
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
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
Earlier this year, we reviewed the Equal Employment Opportunity Commission’s (“EEOC”) proposed enforcement guidelines regarding retaliation claims. After a 30-day comment period and input from approximately 60 individuals and organizations, on August 25, 2016, the EEOC released the final version of the Enforcement Guidance on Retaliation and Related Issues (“Guidance”). The Guidance comes nearly 20