EEOC and DOJ Warn Against Unlawful DEI-Related Discrimination
On March 16, the EEOC and the Department of Justice (DOJ) warned against DEI-related discrimination in the workplace in a technical assistance document.
Updated EEOC Guidelines on Workplace Harassment
On April 29, 2024, the Equal Opportunity Commission (“EEOC”) released its latest Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance updates prior EEOC guidelines on: (1) legally protected characteristics; (2) how harassment must affect a “term, condition, or privilege of employment;” (3) and standards for establishing liability. Although the EEOC Guidance does not […]
Heed EEOC’s Proposed Guidance on Workplace Harassment
Heed EEOC’s Proposed Guidance on Workplace Harassment The EEOC has signaled an aggressive and expansive approach to employer liability for workplace harassment in its recently released Proposed Enforcement Guidance on Harassment in the Workplace. Employers should respond proactively by reviewing their Equal Employment Opportunity (EEO) policies and practices, ensuring they have robust and effective complaint […]
EEOC Cautions Employers That AI Selection Tools Can Have Unlawful Disparate Impact
On May 18, 2023, the EEOC issued a technical assistance guide on the use of artificial intelligence tools in employment selection procedures under Title VII, which is the federal anti-discrimination law. The guidance recognizes employers’ increasing use of AI-developed algorithmic decision-making tools in hiring, promotion, and firing. Such tools may include software designed for resume-screening, […]
EEOC Issues Updated “Know Your Rights” Poster
On October 19, the United States Equal Employment Opportunity Commission (EEOC) issued an updated “Know Your Rights: Workplace Discrimination Is Illegal” poster. The poster replaces the prior “EEO is the Law” poster. It summarizes federal employment laws and explains steps individuals can take if they believe they have experienced any form of prohibited discrimination. Employers […]
COVID-19’S Continuing Workplace Impact: EEOC Revises Pandemic Guidance Again
On July 12, 2022, the EEOC issued updated COVID-19 guidance for employers, reflecting the ever-changing but persistent impact of the virus on the workplace. Key updates include the following: Workplace COVID-19 testing Previously, employers could require COVID-19 testing (although it is a medical exam under the ADA) because the EEOC recognized that a person with […]
Employers Take Note: Updates on Required Federal Forms and Reports
Form 1-9 The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9 until October 31, 2022. See our earlier blog for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to […]
EEOC’s New COVID-19 Guidance: Employee Caregivers and Religious Exemptions
The EEOC recently revised its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws guidance document to address two issues: the treatment of pandemic-related caregivers (Section I), and religious objections to the COVID-19 vaccine (Section L). With respect to pandemic-related caregivers, referring to employees who are caring for […]
EEOC Clarifies When COVID-19 Condition May Be a “Disability” Under the ADA
The EEOC updated its COVID-19 Technical Assistance Guidance on December 14, 2021. The Guidance’s new Subpart N discusses when COVID-19 or a post-COVID condition may qualify as an ADA covered “disability” triggering the statute’s anti-discrimination and reasonable accommodation requirements. Key points include: Not every COVID-19 related impairment constitutes a disability under the ADA, and the […]
EEOC Provides Additional Guidance on Religious Objections to Vaccine Mandates
On October 25, 2021, the EEOC updated its COVID-19 Technical Assistance to specifically address religious objections to employer vaccine mandates. The update provides employers with additional guidance regarding their Title VII obligation to accommodate employees who request exceptions to vaccination requirements based upon religious beliefs. Key updates in Section L. Vaccinations – Title VII and […]
