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With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]
Over the last decade, numerous laws have been enacted across the U.S. to advance pay equity and transparency in the workplace. Pay data reporting laws, in particular, have gained significant momentum, becoming a key driver of progress toward fairer compensation practices. Several U.S. states, including California and Illinois, have enacted pay data reporting laws, while […]
Training. Training, training, training. We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees. Set aside the practical benefits of training—e.g., relaying fairly obvious no-nos to a room typically containing persons inexplicably unaware of obvious no-nos—and […]
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter how it’s viewed, though, employers must focus on how this brave new world intersects with legal compliance. Guidance from the DOL […]
On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s (PWFA) final regulations, which were published on April 19, 2024. The 17 states include Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, […]
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s (EEOC) intention to challenge how employers use arrest and conviction records to make hiring decisions. Criminal History Check Required of All Applicants Sheetz is a regional convenience store chain based in Pennsylvania that operates more than 600 locations and employs approximately 23,000 […]
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included sexual orientation and gender identity, an increasing area of legal questions has arisen regarding the conflicts between LGBTQ+ employees’ rights and other employees’ […]
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally unacceptable.” Currently, total compensatory and punitive damages are capped for the largest companies at $300,000. Congress established the limits when it passed the 1991 revision to Title VII […]