Tag: EEOC guidance

EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment to include developments “answering the call” of the #MeToo movement; the landmark Supreme Court decision in Bostock v. Clayton County, Georgia (which held the protections of Title VII of the Civil Rights Act of […]

EEOC Issues Final Harassment Guidance

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 […]

Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]

How HR Teams Can Maximize the Value of AI and Minimize the Risk

Over the past 6 months, the acceleration of artificial intelligence (AI), particularly in the form of large language models (LLMs) like Open AI’s GPT-4, has been relentless. These models have demonstrated capacities that would have seemed like science fiction just a few years ago, such as the ability to immediately produce compelling and fluent text […]

Writers Strike

EntertainHR: AI in Hollywood – Inspiring Imagination or Threatening Writers?

Almost 2 months in, the writers’ strike in Hollywood shows no signs of ending soon. Members of the Writers Guild of America (WGA) are seeking a guarantee that studios won’t use artificial intelligence (AI) to write or rewrite scripts, among other proposals. To date, studios and networks represented by the Alliance of Motion Picture and […]

EEOC’s COVID-19 Guidance: Where Does it Stand?

As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated guidance that had no clear direction and making it worse with increased reliance on shifting public health standards.

Software, Algorithms, and AI: New EEOC Guidance for Employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]

Caring for Caregivers: Understanding Caregiver Discrimination Under Federal Laws

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]

Using Artificial Intelligence Hiring Tools May Lead to Disability Discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]