EEOC Enforcement Updates

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year.  All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
Continue Reading New Employment Laws to Look Out for in 2021

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”). EEOC COVID-19 Technical Assistance A.7. Though the ADA mainly protects disabled individuals from workplace and public discrimination, some parts of the Act apply universally. One such section prohibits employers from compelling workers to submit to medical examinations that are not “job-related and consistent with business necessity.” 29 CFR § 1630.14(c).
Continue Reading Not Today Corona: EEOC Bans Employer Antibody Screenings

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance concerning COVID-19, affirming an employer’s ability to medically test its employees for COVID-19 before allowing employees to enter the workplace.  The new guidance expands employers’ options to include medical tests that detect the presence of the COVID-19 virus – not just temperature checks.  The EEOC considers COVID-19 tests to be permissible because an individual with the virus poses a direct threat to the health of others.
Continue Reading As America Prepares to Return to Work, EEOC Approves Testing Employees for COVID-19

On March 27, 2020, the EEOC released a webinar addressing frequently asked employer questions regarding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”), during the COVID-19 pandemic (the “Webinar”).  The Webinar reviewed a number of important issues for employers to understand to avoid running afoul of the above-listed statutes during the pandemic.  Key takeaways from the Webinar, organized by topic, are summarized below.
Continue Reading EEOC Issues New COVID-19 Guidance For Employers

Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required to file a charge with the Equal Employment Opportunity Commission (“EEOC”), or an equivalent state or local agency, prior to bringing suit in court—the United States Supreme Court issued a unanimous opinion on June 3, 2019, penned by Justice Ginsburg, holding that “a rule may be mandatory without being jurisdictional, and Title VII’s charge-filing requirement fits that bill.” This decision—which affirms a recent Fifth Circuit decision, is consistent with rulings from the First, Second, Sixth, Seventh, Eighth, Ninth, and D.C. Circuits, but overrules Fourth and Tenth Circuit precedent—has potentially significant implications for unwary employers when defending themselves in a Title VII lawsuit.
Continue Reading Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

In connection with last month’s ruling from a Washington, D.C. district court reinstating the U.S. Equal Employment Opportunity Commission’s (“EEOC”) collection of employer pay data previously stayed by the Office of Management and Budget (“OMB”) (Component 2 of the revised EEO-1 form), as previously reported here, the EEOC announced on May 2, 2019 that it has opted to collect Component 2 data for 2017 in addition to 2018. On April 25, 2019, the district court ordered the EEOC to collect a second year of pay data from select employers, giving the EEOC until May 3, 2019 to advise whether it would collect 2017 or 2019 data.
Continue Reading EEOC Announces Decision to Collect 2017 Employee Pay Data, in Addition to 2018 Pay Data, by September 30, 2019

On April 25, 2019, a Washington, D.C. federal judge ruled that all employers with 100 or more employees and federal contractors with 50 or more employees have until September 30, 2019 to submit their 2018 pay data to the U.S. Equal Employment Opportunity Commission (“EEOC”), reflecting how much the employers paid workers of different sexes, races and ethnicities last year. This data is to be submitted as Component 2 of the EEO-1 form, and will supplement the EEOC’s long-running collection of employers’ demographic data.
Continue Reading Employers Must Provide Pay Data to EEOC by September 30

The White House Office of Management and Budget (“OMB”) has indefinitely stayed the deadline for compliance with the new Employer Information Report (EEO-1 Form) for collection of annual pay and hours worked information. As previously reported, the EEO-1 Form was revised in 2016 to require certain employers to submit additional aggregate data on W-2 earnings and hours worked by employees. Specifically, the proposed revision to the EEO-1 Form, published by the United States Equal Employment Opportunity Commission (“EEOC”) in February 2016, would require every employer with 100 employees or more to submit demographic information along with the W-2 wages and hours worked for all of its employees grouped in broad EEO-1 job categories, subdivided into twelve bands.
Continue Reading Deadline for Compliance with New EEO-1 Form Stayed Indefinitely

The Equal Employment Opportunity Commission (“EEOC”) recently announced new nationwide changes to the procedures relating to its investigation of administrative charges filed against employers. When an individual files a charge against an employer, the EEOC may ask the employer to submit a position statement responding to the allegations, typically within 30 days.  Under the old system, the procedure for handling these position statements varied based on the local practices of each EEOC District Office.  The new system establishes a uniform nationwide procedure for all requests for position statements made on or after January 1, 2016. 
Continue Reading You May Want To Reconsider Your Position – EEOC Announces New Procedure to Handle Administrative Charges Against Employers

The United States Equal Employment Opportunity Commission (“EEOC”) has published proposed revisions to the requirements associated with the Employer Information Report (EEO-1). The EEO-1 already requires employers with more than 100 employees to provide certain employment information to the federal government, including the ethnic, racial and gender breakdown of their employees.  The proposed revisions would require employers to include in their EEO-1 reports information regarding aggregate data on pay ranges and hours worked. 
Continue Reading EEOC Proposes New Pay Data Reporting Requirements for Employers