Category: EEOC

Department of Labor Guidance on Telework and FMLA

DOL Eligibility Rules Under FMLA When Employees Telework The U.S. Department of Labor (DOL) has published a Field Assistance Bulletin (FAB) that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. FABs provide guidance to DOL Wage and […]

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New Updates To EEOC Covid Workplace Policies

As of July 12, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers on COVID-19 testing and vaccine in the workplace. Employers now need to show that mandatory COVID-19 testing of employees is job-related and consistent with business necessity, as defined by the ADA. In determining whether a mandatory testing measure meets […]

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EEO-1 Deadline Extended for 2021 Reports

Employers subject to equal employment opportunity reporting (EEO-1) requirements now have until June 21, 2022 to file their workforce data from 2021. The initial deadline had already been delayed from March 31 due to the COVID-19 pandemic.

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EEOC and DOL Issue Guidance on Artificial Intelligence and ADA Disability Discrimination

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor (DOL) each issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).  EEOC Guidance  The EEOC’s […]

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Workplace Litigation Report Warns of Increased EEOC Enforcement in 2022

The Equal Employment Opportunity Commission (EEOC) is likely to increase enforcement efforts in 2022. According to law firm Seyfarth Shaw’s annual Workplace Class Action Litigation Report the EEOC is likely to increase enforcement in the coming year. The report provides a circuit-by-circuit and state-by-state review of significant class-action rulings and offers an analysis of significant […]

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Schedule for EEO-1 Reporting Announced

The Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022 with a due date of May 17, 2022.  The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years.  The […]

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EEOC Issues New Guidance on COVID-19 and ADA Disability

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA). 

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EEOC Guidance on Retaliation & Interference Related To The Pandemic

EEOC addresses concerns about retaliation. The new FAQs, which were added to the EEOC’s existing guidance on COVID-19 and fair employment issues, address the rights of employees and applicants who believe they suffered retaliation for protected activities under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act or other employment discrimination laws.

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EEOC Adds FAQs Addressing Religious Objections to COVID-19 Vaccine Mandates

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with Title VII of the federal Civil Rights Act. The new FAQs address questions about religious objections to employer COVID-19 vaccine requirements. They were added to the FAQs that the EEOC initially issued on March 18, 2020, and then updated several times. The last major update to this guidance was made in May 2021. The EEOC also made minor updates to some of the Q&As on Oct. 13, 2021.This Compliance Bulletin contains the EEOC’s updated FAQs in full.

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Surcharges For Nonvaccinated Individuals – Things To Consider

On Aug. 23, 2021, the Food and Drug Administration (FDA) gave full approval to the Pfizer-BioNTech COVID-19 vaccine (now marketed as Comirnaty) for individuals 16 years of age and older. As a result, many employers are exploring options related to COVID-19 vaccination status within their workforce, including whether to charge a premium surcharge for nonvaccinated […]

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EEO-1 Deadline Extended Again To October 25, 2021

Employers now have even more extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on Aug. 18, 2021. The 2019 and 2020 EEO-1 reports were previously due These reports were previously due by Aug. 23, 2021, which was an extension from a previous […]

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Employers Deal With “Long-Haul Covid” And How It Affects The Workplace

We’re nearing the end of 2021 and we are beginning to see further effects of COVID-19 in those who have had the virus previously. As people begin to get back to work, we see that some have been affected by the COVID-19 virus with continuing symptoms. The CDC has begun to refer to this condition as having “long-haul covid.” As COVID “long-haulers” re-enter the workplace they may qualify for ADA accommodations.

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EEOC Extends EEO-1 Deadline for 2019 and 2020 Data to Aug. 23

Employers now have some extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on June 28, 2021. These reports were previously due by July 19, 2021. Employers now have until Aug. 23, 2021, to complete their submissions. The EEOC’s collection of this […]

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He Said, She Said, We Said… Gender Sensitivity In The Workplace

Our workplace continues to change, with diversity and inclusivity in the forefront. One element of diversity, equity and inclusivity (DEI) is gender identity and acknowledgement of an employee’s preferred pronouns. More employees are entering the workplace with gender identities and expressions that are different than what we may expect when we discuss gender, creating a need for more understanding.

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Are Your Post-Covid Work Policies Up To Date?

Protect Your Workplace In A Post-Covid Time. 8 Policies To Review For New Post-Covid Office Norms Returning to in-person work is a top priority for many workplaces. As the impact of the COVID-19 pandemic lessens, employers are eager to get employees back in their buildings. But that comes with a series of complications. New policies, […]

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EEOC Announces New Sexual Orientation and Gender Identity Employment Resources

June 16, 2021 – The Equal Employment Opportunity Commission (EEOC) has announced the release of new employment resources intended to educate employees, applicants and employers on the rights of all employees—including lesbian, gay, bisexual and transgender workers—to be free from sexual orientation and gender identity discrimination in employment. These resources are not new EEOC guidance, […]

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Podcast: New Vaccine Mandate Q&A.

Can Employers Mandate Vaccination For Work? Many employers are struggling with whether they can mandate the COVID-19 vaccination for work. Employers Are confused as to what they can and can’t do as the COVID-19 becomes more prevalent and how to navigate new CDC guidance. Join us as we speak with Bill Gault with Nippes, Healy […]

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Employers Should Be Careful Asking If An Employee Has Been Vaccinated.

May 27, 2021 – Now that many federal and state officials have relaxed COVID-19 safety rules for people who are fully vaccinated, employers may want to ask workers for proof of their COVID-19 vaccination status. But employers should be careful not to ask for more information than is necessary. According to the U.S.  Equal Employment Opportunity […]

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Can I Require Employees To Get A COVID-19 Vaccination?

The COVID-19 vaccine has created a new buzz. With hope comes concern and many questions are already beginning to be asked. As COVID-19 vaccines become available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. The Equal Employment Opportunity Commission (EEOC) weighed in with […]

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Avoid these top mistakes made in screening of employees

Have you ever wished you knew something important before you made a mistake? Important parts of the hiring/re-hiring and management component of a company include background checks and screening. Being thorough about checking into your workforce and continually monitoring, can make a difference. Being diligent about screening can often help your business avoid complex HR […]

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New EEOC Employer Guidance on Coronavirus and the ADA

An Updated Q&A On EEOC Employer Guidance on Coronavirus and the ADA 1. QUESTION: Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition? ANSWER: No. Although the ADA prohibits discrimination […]

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EEOC Updates for COVID-19 and the ADA

EEOC Updates Employer Guidance on Coronavirus and the ADA On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQs […]

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EEOC Deadline approaching September 30,2019!

EEOC Component 2 Deadline Approaches on September 30, 2019! On July 1st, 2019, the EEOC sent a letter by USPS notifying companies of the immediate reinstatement of the revised Componenet 2 EEO-1 collection for 2017 and 2018. Why is the EEOC important, you ask? Perhaps the most important role of the Equal Employment Opportunity Commission […]

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