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
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more
5/18/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Corporate Counsel ,
Disparate Impact ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning
Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more
It is old news to most covered employers that they are obligated to post certain notices for their workforce. What these employers may not know, however, is that the EEOC recently updated and replaced its “EEO is the Law”...more
On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more
8/22/2022
/ Confidential Information ,
Corporate Counsel ,
Data Collection ,
Disclosure ,
EEO-1 ,
Employees ,
Employment Records ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Federal Contractors ,
Federal Register ,
FOIA ,
OFCCP ,
Title VII ,
Wage and Hour
On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety. The agency’s update...more
On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more
Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more
9/7/2021
/ Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
Labor Relations ,
NLRB ,
OSHA ,
Supply Chain ,
Telecommuting ,
Unions ,
Vaccinations
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more
9/1/2021
/ Affirmative Action ,
Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Non-Discrimination Rules ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more
6/14/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of...more
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
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On January 21, 2021, President Biden designated Commissioner Charlotte Burrows (D) as the new chair of the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”). Burrows replaces outgoing Republican Chair...more
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
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
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
10/12/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Conciliation ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Labor Reform ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Title VII
During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more
7/23/2020
/ Anti-Discrimination Policies ,
Burden-Shifting ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Title VII ,
Unions
The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more
7/8/2020
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
As the nation continues the gradual reopening of workplaces and the economy, the U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance to provide information to employers regarding their...more
6/20/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
High Risk Covid Employees ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Title VII ,
Virus Testing ,
Workplace Safety
In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S. Equal Employment Opportunity Commission (EEOC) addressed protections under the Americans with Disabilities Act...more
On May 7, 2020, the U.S Equal Employment Opportunity Commission (EEOC) announced that it will not collect Form EEO-1 workplace demographic data for calendar year 2019 this year....more
5/11/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called...more
2/12/2020
/ Corporate Counsel ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will not request, accept, or use “Component 2” compensation data submitted on the EEO-1 form....more
11/25/2019
/ Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
OFCCP ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more
11/21/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
GINA ,
Joint Employers ,
Labor Regulations ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Private Property ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Organizers ,
Wage and Hour ,
Wellness Programs
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
11/14/2019
/ Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
New Legislation ,
NLRB ,
Paid Time Off (PTO) ,
Pay Gap ,
Popular ,
Raids ,
Rulemaking Process ,
Salary/Wage History ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced that it would not seek approval from the Office of Management and Budget (OMB) to collect detailed employee compensation data on its Form...more
9/11/2019
/ Corporate Counsel ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Reporting Requirements ,
Wage and Hour