EEOC

Subscribe to EEOC via RSS

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.” The updated guidance follows its Vaccination Policy Update and primarily addresses workplace safety questions, including when employees and applicants may be required to undergo viral and antibody testing and other types of screening.Continue Reading EEOC Updates Guidance Concerning COVID-19 Testing

The Equal Employment Opportunity Commission (“EEOC”)—the agency tasked with enforcing federal labor laws—was deputized by Congress in 1972 with authority to bring lawsuits against employers for violating anti-discrimination laws and retaliating against employees.  Since then, the agency has made a concerted and aggressive effort to challenge, among other things, standard clauses in separation agreements that have the potential to chill former employees’ participation in legal actions against their former employers, including non-cooperation and covenant not to sue clauses.  This concern is especially salient in the age of COVID-19, where many employers are using separation agreements at a breakneck pace due to the unprecedented rate of employee layoffs, and EEOC enforcement actions may be just around the corner.
Continue Reading Employee Separation Agreements Likely to Face Increased EEOC Scrutiny

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or employees who legally use opioid medications or who have a history of addiction to opioids.  The guidance is not new policy; rather, the guidance applies principles already established under both the ADA and previously-issued EEOC guidance.
Continue Reading EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

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

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

President Donald Trump signaled an ideological shift in the U.S. Equal Employment Opportunity Commission and National Labor Relations Board, through two new appointments, during his first week in office.  President Trump appointed Republicans Victoria Lipnic, and Philip A. Miscimarra, as acting chairpersons for the EEOC and NLRB, respectively.  Both Lipnic and Miscimarra appear disposed to pursue more business-friendly labor policies than their Democratic predecessors.
Continue Reading Trump Initiates Ideological Shift in Administration of EEOC and NLRB

Last week, in Mach Mining, LLC v. EEOC, the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer.  In the simplest of terms, Title VII requires that the EEOC try to remedy unlawful employment practices through “informal methods of conference, conciliation, and persuasion” before it is permitted to file a lawsuit against the employer.
Continue Reading The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?