U.S. Equal Employment Opportunity Commission Archives - Lake Effect HR & Law

EEOC Proposes Rescinding Employer Demographic Data Reporting

admin — Tue, 02 Jun 2026 01:28:24 +0000

On May 14, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposed rule to the federal Office of Management and Budget (OMB) that would likely end employers’ annual obligation to collect and report race, sex, and ethnicity data about their employees. The full contents of the proposed rule, titled “Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA,” have not been released to the public. However, the EEOC has publicly stated its stance on “DEI-Related Race and Sex Discrimination,” part of the Trump Administration’s regulatory priorities, and its chair, Andrea Lucas, previously cautioned employers against using EEO-1 data to “facilitate unlawful employment discrimination.”

The requirement to file a form EEO-1 currently applies to private sector employers with 100 or more employees, and some federal contractors with 50 or more employees. The other named reports impose similar obligations on local unions, state and local governments, and primary and secondary public schools with at least 100 employees. Currently, covered employers must submit data by job category, sex, race, and ethnicity on an annual or biannual basis.

If the proposal moves forward, it will be published for public review and comment before a final rule is issued. Since the rulemaking process will take some time, employers should plan to file their 2025 EEO-1 report consistent with past years. The EEOC has not opened the 2025 data collection process as of this writing. Last year’s portal opened on May 20, with a June 24 deadline. If you need assistance with the data collection process, the attorneys and HR professionals at Lake Effect can help.

The attorneys and HR professionals at Lake Effect can provide guidance on employment-related agency and legislative actions, employment laws, regulations, and agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Updated EEOC Guidelines on Workplace Harassment

admin — Fri, 10 May 2024 15:57:29 +0000

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 have the force or effect of law, it serves as a key resource for employers, employees, counsel, and EEOC agency staff.

Notable updates to guidance on legally protected characteristics include:

Sex-based harassment includes harassment based on pregnancy, childbirth, or related medical conditions including lactation, morning sickness, using or not using contraception, and deciding to have/not have an abortion.
Sex-based harassment includes harassment based upon sexual orientation or gender identity, including repeated use of a name or pronoun that is inconsistent with a person’s known gender identity or the denial of access to a bathroom or other sex-segregated facility consistent with an individual’s known gender identity.
Harassment based on social or cultural expectations, assumptions, or stereotyping about how persons of a protected group may act or appear is actionable.

Updates as to how alleged harassment must affect a “term, condition, or privilege of employment” confirm:

A hostile work environment claim may be based on conduct that occurs in a work-related context but outside an employee’s regular workplace, i.e., at an offsite training, employer-provided housing, or employer’s annual holiday party.
Harassment may occur in a virtual environment, i.e., via employer’s email system, message system, videoconferencing technology, intranet, etc.
Even non-work-related behavior can be unlawful harassment if it impacts an employee’s workplace. This can include electronic communications using private phones, computers, or social media accounts. However, social media posts alone generally will not contribute to a hostile work environment if they do not target the employer or its employees.

Key updates as to the standards for establishing liability specify:

An Employer can only defend against a harassment claim if it took adequate steps to prevent harassment in the first place. This requires a showing that the employer has an effective anti-harassment policy, complaint process, and training. The Guidance lists features of each component that must be present in order for that component to be deemed effective.
Even if its preventive measures are adequate, an employer may be liable for harassment if it fails to conduct a prompt and adequate investigation of an employee complaint. The investigation should be conducted by a well-trained, impartial party and seek information from all parties involved.

The EEOC’s updated Guidance reflects its renewed, laser focus on combatting workplace harassment of all types. Now is the time to review your anti-harassment policies, procedures, training, and investigation processes. Lake Effect can help improve these critical components of your comprehensive anti-harassment program to ensure that they serve your employees, meet the EEOC latest standards, and minimize exposure to future claims.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Heed EEOC’s Proposed Guidance on Workplace Harassment

admin — Tue, 31 Oct 2023 21:54:02 +0000

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 processes, and training employees on their anti-harassment rights and responsibilities.

Key provisions of the Proposed Guidance reaffirm the following:

Sex-based harassment includes harassment based on the following: pregnancy, childbirth, or related medical conditions, including lactation; a woman’s reproductive decisions about contraception or abortion; sexual orientation and gender identity, including how that identity is expressed.
Harassment is based on a protected characteristic if it is based on social or cultural expectations, (positive, negative, or neutral) about how persons of a particular group usually act or appear. It includes harassment based on sex-based assumptions about family responsibilities, suitability for leadership roles, etc.
Harassing conduct violates Title VII if an employee perceives it as hostile and it is sufficiently severe or pervasive to create an objectively hostile work environment. Conduct need not be both severe and pervasive; the more severe the harassment, the less pervasive it must be, and vice versa. An employee need not show that harassing conduct harmed their work performance or inflicted psychological harm to prove hostile work environment.
A single incident of severe harassment (i.e., sexual touching, physical violence, use of offensive symbols or animal imagery, etc.) may create an actionable hostile work environment claim.
A hostile work environment claim may arise from conduct that occurs in a work-related context outside an employee’s regular workplace, i.e., at required training, employer-sponsored offsite parties, or within a virtual work environment (i.e., employer’s email system, electronic bulletin board, instant message system, etc.).
Although employers generally are not responsible for conduct that occurs outside the work context, they may be liable when the conduct has consequences in the workplace and contributes to a hostile work environment (i.e., electronic communication using private phones, computers, or social media accounts, if it impacts the workplace).
To assert a defense to a harassment claim, an employer must maintain and implement an effective anti-harassment policy, effective complaint process, and effective training for all employees on their rights and responsibilities. The EEOC Guidance defines “effective” as to each component. The employer must also monitor the workplace for compliance.

The Proposed Guidance is available for public comment until November 1, 2023. Even if it is formally adopted by the EEOC after that date, it will not have the force or effect of law. However, it will guide EEOC investigators and administrators as they pursue workplace anti-harassment litigation and initiatives. Therefore, employers are well-advised to tailor their policies, practices, and training in accordance with the EEOC Guidance, and your partners at Lake Effect are ready to help.

Lake Effect is here to answer all of your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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HR Reporting Updates

admin — Mon, 12 Jul 2021 14:40:56 +0000

There have been two important employer reporting updates for Human Resource practitioners.

First, the Equal Employment Opportunity Commission (EEOC) announced an extension of the deadline for submission of 2019 and 2020 EEO-1 Component 1 Data Collection to Monday, August 23, 2021. Please see Lake Effect’s prior blog on EEO-1 reporting requirements for more information.

Second, the Social Security Administration announced that it is discontinuing Employer Correction Request Notices (EDCOR), also known as “Social Security No Match Letters.” Their stated rationale for this change is “to focus on making it a better, easier, more convenient experience for employers to report wages electronically.” Please see Lake Effect’s prior blog on Social Security No Match Letters for more information.

Lake Effect is here to answer your questions about employer reporting requirements. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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EEO-1 Reporting Requirements Resume

admin — Tue, 04 May 2021 13:34:07 +0000

On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) announced the reopening of the 2019 and 2020 EEO-1 Component 1 Data Collection.

As a reminder, all private sector employers with 100 or more employees, and all federal contractors with 50 or more employees meeting certain criteria must annually submit demographic workforce data, including data by race/ethnicity, sex, and job categories on the EEO-1 Component 1 report. The EEOC stayed collection of the 2019 data due to the pandemic. The deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.

The latest filing updates and additional information regarding submission of EEO-1 Component 1 Data are available at EEOCdata.org/eeo1. Employers that have received the EEO-1 notification letter should follow the directives contained therein. Eligible employers that have not received the letter may contact the EEOC’s Filer Support Team at FilerSupport@eeocdata.org for assistance. If you have questions about the EEO-1 reporting process, please reach out to any of Lake Effect’s attorneys or HR professionals.

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