Tag: Equal Employment Opportunity Commission (EEOC)

SCOTUS Order Signals It May Invalidate Some EEOC Harassment Guidelines

In August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This order—coupled with its decision overruling Chevron deference—signals the […]

The EEOC Has a 3-1 Democratic Majority

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 […]

Bite, No Bark: 8th Circuit Recognizes Limitations on Certain ADA Accommodations

In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Iowa employers) has weighed in over the last several months with discussions in two […]

Religious accommodations: Where do we stand?

Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]

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 […]

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, […]

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 […]

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 […]