Tag: EEOC

New EEOC General Counsel Calls Bias Damages Caps ‘Unacceptable’

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 […]

Answers to Questions About Upcoming EEO-1 Reporting

It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The deadline for submissions is Tuesday, June 4, 2024. Are you ready to report? Here are some frequently asked questions (FAQs) about EEO-1 […]

EEOC’s Pregnancy Accommodation Regulations Are Broader Than You Think

Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a monthly basis from menstruation. In the videos, the men are usually in agony by the time the highest setting is applied, […]

Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme Court Ruling?

Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the Constitution’s Equal Protection Clause and Title VI of the Civil Rights Act of 1964. While the ruling does not apply to employers overall, the rationale and […]

Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the […]

Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the […]

What to Expect from the EEOC in 2024

In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner Kalpana Kotagal) and two Republicans (Commissioners Andrea Lucas and Keith Sonderling). In addition, the EEOC now has a confirmed general counsel for the first time since 2021. Employers […]

Planning for Workforce Reductions in an Age of Inflation

With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance payments to affected employees, loss of institutional knowledge, diminished employee morale, and reputational harm. Before committing to a reduction in force, employers should consider […]

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 […]

Going Beyond Mandates to Prevent LGBTQIA+-Related Discrimination and Harassment

According to the Center for American Progress’s 2022 Survey, half of LGBTQIA+ adults reported experiencing some form of workplace discrimination or harassment in the past year because of their sexual orientation, gender identity, or intersex status, including being fired or denied a promotion; having their hours cut; or experiencing verbal, physical, or sexual harassment. This […]