Tag: EEOC

EEOC Offers Employers a Hobson’s Choice on Employee Training

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 […]

discrimination

Case Study: Harassment and Discrimination Aren’t Rocket Science

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 […]

Excited About the Potential of AI? Don’t Forget Legal Compliance

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 […]

17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations

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, […]

background checks

Employer in Deep Sheetz Over Criminal History Check

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 […]

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 […]

Remember Your Obligations When Religion and DEI Training Collide

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’ […]

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, […]