Tag Archives: EEOC

Help! We have had a major influx in religious accommodation requests from our mandatory vaccine policy

Mandatory vaccine policies became even more of a scorching hot topic after the Biden Administration announced its Path Out of the Pandemic initiative (which we previously wrote about here). Some employees may have a legitimate medical reason for refusing a COVID-19 vaccine (e.g., an allergy to vaccine components). But what about an employee claiming to … Continue Reading

Navigating post-pandemic telework requests

For more than a year, many American workers have been working from home. Now, as restrictions are lifting across the country, employers are beginning to call employees back to the office. Employers may see an uptick in requests to work remotely, particularly given the popularity of working from home. In responding to such requests, employers must be mindful … Continue Reading

New Jersey issues guidance confirming employers can mandate COVID-19 vaccines

New Jersey has confirmed that employers can mandate their employees be vaccinated for COVID-19. This move aligns New Jersey with federal guidance previously issued by the EEOC. Other states, such as California, have also issued similar guidance and the trend is expected to continue. Consistent with federal guidance from the EEOC, the New Jersey guidance … Continue Reading

EEOC proposes new rules on permissible incentives for employer-sponsored wellness programs

On January 7, 2021, the EEOC proposed two rules, under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), designed to clarify what incentives employers may offer employees and their family members for joining employer-sponsored wellness programs.  In the 2017 case AARP v. EEOC, the then-existing regulations on employer-sponsored wellness programs … Continue Reading

Texas employers who do not participate in workers’ compensation face heightened workplace liability risks as employees return from COVID-19 quarantine

Texas employers who have opted out of workers’ compensation coverage may face significantly increased workplace risks in the weeks and months ahead. All employers will face unique challenges due to the risk of workplace exposure to COVID-19. But, the potential liability from COVID-19 workplace illnesses is particularly problematic for Texas employers who have opted out … Continue Reading

“Ask the EEOC” whether COVID-19 is a disability: Its answer may surprise you

On March 27, 2020, the Equal Employment Opportunity Commission (EEOC) posted a pre-recorded webinar called “Ask the EEOC” on its website. The purpose of the webinar was to answer COVID-19 workplace questions arising under the federal employment discrimination laws the EEOC enforces.  Prior to recording the webinar, and in an effort to ensure that the … Continue Reading

The future is now: Employer use of present-day medical information to predict future disabilities does not violate the ADA

The sci-fi film Minority Report envisions the year 2054, when the U.S. government uses predictive foreknowledge of “precogs” to apprehend criminals before their crimes are ever committed, thereby reducing future harm. More than 15 years after the popular film was made, the Seventh Circuit’s decision in Shell v. Burlington Northern Santa Fe Railway Company arrives … Continue Reading

EEOC updates its guidance on employers’ duty to report EEO-1 pay data by September 30, 2019

The EEO-1 Report is a compliance survey mandated by federal law. Generally, employers with 100 or more employees and federal government prime contractors and first-tier subcontractors with 50 or more employees and federal contracts worth at least $50,000 are required to submit EEO-1 Reports to the U.S. Equal Employment Opportunity Commission (EEOC) annually. A brief … Continue Reading

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for “transgender treatment/sex therapy” services from its medical benefit plans.  Specifically, the EEOC determined that denying coverage for transition-related services constituted sex … Continue Reading

EEOC Guidance on Retaliation: An Unprecedented Interpretation of Federal EEO Law

This next installment of our ongoing series takes a closer look into the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related Issues. Last week, we discussed the EEOC’s changing views regarding the elements of a retaliation claim. This week, we delve deeper into the EEOC’s proposed guidance, exploring the agency’s attempt to … Continue Reading

EEOC Guidance on Retaliation: Make It Easier For Employees To Prove Their Case

This installment of our ongoing series on federal regulatory actions impacting employers examines the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related Issues. The proposed update would replace the 1998 version of the EEOC Compliance Manual on Retaliation and address the courts’ significant rulings in the decades following the current … Continue Reading

‘New’ Mental Disorders To Spark Increased ADA Accommodation Requests

Julia Fradkin contributed to the content of this post. The latest edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) hit the shelves of doctors’ offices and has created additional headaches for employers already struggling with accommodating claimed mental disabilities. The DSM-5 is the standard classification of mental disorders used by mental health professionals … Continue Reading

“Pay Now Or Pay Much More Later,” Warn Federal and State Governments

May 28th marks the anniversary of the effective date for the Lilly Ledbetter Fair Pay Act, the first bill signed into law by President Obama.  The Act sparked renewed focus on improving wage-equality for the American workforce and continues to be an important  goal for administrative agencies such as the Equal Employment Opportunity Commission.  Employers … Continue Reading

Transgender Protection Under Title VII Announced by EEOC

In an April 20, 2012 decision, the Equal Employment Opportunity Commission (“EEOC”) solidified its intended protection of transgender employees under Title VII of the Civil Rights Act of 1964. The EEOC made it clear that an employer that discriminates against an employee or applicant on the basis of that person’s gender identity violates Title VII’s sex … Continue Reading

EEOC “New” Guidance on Arrest and Conviction Records

The "new" guidance — accessible at http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm — reinforces longstanding EEOC policy prohibiting employers from using arrest and conviction records to exclude individuals from employment. More recently, the EEOC has expanded enforcement efforts to include prohibitions on employer policies that exclude candidates from employment because of criminal history, arrests, and convictions. That is because such … Continue Reading
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