EEOC

On September 7, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit claiming an employer discriminated against disabled employees by failing to provide workplace accommodations related to COVID-19. Specifically, the EEOC has accused ISS Facility Services Inc. a Denmark-based facilities management company, of unlawfully denying its employee’s reasonable request for an accommodation for…

On June 24, 2021, the U.S. House of Representatives voted to overturn a formal rule that imposed heightened information sharing requirements on the Equal Employment Opportunity Commission (“EEOC”) during the EEOC’s conciliation process.  The Senate has already voted to repeal the rule.  The bill will now be sent to President Biden, who is expected to…

June is Pride Month and the Equal Employment Opportunity Commission has issued timely guidance on the protections extended to LGBTQIA+ workers under Title VII.

In June 2020, the Supreme Court determined that Title VII’s prohibition against discrimination based on sex extended to sexual orientation and gender identity.  Bostock v. Clayton County was a landmark case…

Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. It also released a new document targeted at employees and job applicants that explains how federal anti-discrimination…

On May 10, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued a notice that, effective immediately, case closure documents will be issued solely through the EEOC’s Portal and will no longer be sent to parties by U.S. Mail. Importantly, this means that the EEOC’s Notice of Right to Sue Letter to the complainant, which starts…

As employers wrestle with whether to require vaccines for employees or how to encourage employees to get vaccinated voluntarily, many companies are implementing incentive programs that provide gifts, paid time off and even cash payments to employees who get vaccinated.  In doing so, employers need to consider whether their vaccine programs should be treated as…

Employers may be interested in requiring or incentivizing their workforces to get vaccinated against COVID-19 in order to help curb the potential spread of the virus in the workplace.  Before undertaking such a program, employers should stop and think about the legal considerations that will influence how such programs are structured.

There may be exceptions…

The Equal Employment Opportunity Commission announced that it will issue much anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act.  The two sets of proposed regulations replace rules that the EEOC withdrew in 2018 after a federal district court invalidated key provisions…