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EEOC Updates Workplace Harassment Guidance

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a long-anticipated update to its enforcement guidance on harassment in the workplace. The update comes almost 25 years after EEOC last...more

Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more

Illinois Will Require EEO-1 Transparency and Equal Pay Data

Illinois recently enacted SB 1480, which amends several laws including the Illinois Business Corporation Act and the Illinois Equal Pay Act.  While employers have significant lead time to begin their compliance efforts, SB...more

EEOC Issues Guidance on COVID-19 Vaccination Policies

On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil...more

EEOC Proposes Conciliation Procedures Rule

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

The Race for a COVID-19 Vaccine – Planning for the Employer Response

Introduction - Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more

The Next Normal: A Littler Insight on Returning to Work – EEO Compliance

In the COVID-19 world we are in today, the U.S. Equal Employment Opportunity Commission (EEOC) has established new rules to help employers slow the spread of this devastating virus. While the EEOC has created new and more...more

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more

Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Challenging Harassment in the Workplace: A Key Priority at the EEOC

While EEO compliance remains an important objective for the employer community, minimizing the risk of facing a harassment claim has become a top priority. The weekly, and sometimes daily, headlines of new harassment...more

EEOC Performance and Accountability Report Shows Increase in Charge Filings for FY 2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY...

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30,...more

The EEOC Issues Proposed Rule on GINA and Wellness Programs

On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as...more

Supreme Court Confirms EEOC Conciliation Efforts are Subject to Judicial Review

On April 29, 2015, in a unanimous decision, the U.S. Supreme Court resolved a circuit split in holding that the Equal Employment Opportunity Commission’s (EEOC) attempts to conciliate a discrimination charge prior to filing a...more

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal...

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more

Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

Seventh Circuit Holds Failure to Conciliate is Not a Defense Available to Employers in Litigation with the EEOC

In EEOC v. Mach Mining, LLC, the Seventh Circuit became the first federal circuit to foreclose an employer's ability to use the implied affirmative defense that the Equal Employment Opportunity Commission (EEOC) failed to...more

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

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