A federal judge in Texas has invalidated a non-binding guidance issued unilaterally by Chairwoman Charlotte Burrows of the Equal Employment Opportunity Commission (EEOC) regarding LGBTQ rights in the workplace. The guidance, issued in June 2021, advised that employees must be allowed to use a restroom that corresponds with their gender identity and that regularly using…
Read More »Enforcement of a guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) some 14 months ago has been blocked by the federal district court. The EEOC guidance, structured as a technical assistance document entitled “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity” was issued in the wake of a Supreme Court…
Read More »In the wake of issuing new guidance on algorithmic decision-making and validating a third gender for purposes of employment discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) has also updated its guidance regarding COVID-19 workplace viral screening testing. Originally, the agency claimed its position was governed by compliance with the standard for conducting medical examinations…
Read More »In the face of the proliferation of algorithmic decision-making in all facets of business, it was only a matter of time until the government got more involved in regulating or policing its use. Enter the Equal Employment Opportunity Commission (EEOC) with its first guidance on algorithmic decision making in employment and the discrimination that can…
Read More »The Equal Employment Opportunity Commission (EEOC) early this week issued a new guidance on employers responsibilities and obligations regarding employees who may be caregivers for children, elderly or other vulnerable individuals relative to the COVID-19 pandemic and the impact that it may have had on them and their ability to work. The agency reiterated that…
Read More »The US Equal Employment Opportunity Commission (EEOC) this week issued two new guidance clarifying employer and employee obligations regarding religious exemptions from COVID-19 vaccinations. Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in the workplace, allows for employees to request an exception from certain employer requirements when that requirement conflicts…
Read More »Last Friday, the Equal Employment Opportunity Commission (EEOC) updated its guidance regarding employers offering incentives for employees to be vaccinated against COVID-19. This latest updated guidance also clarifies issues related to whether employers can mandate employees be vaccinated before entering the workplace. Specifically, it clarifies a number of ways that employers can promote vaccinations and…
Read More »In response to a February letter request signed by dozens of business groups (DDIFO included), the Equal Employment Opportunity Commission (EEOC) finally responded and advised that it is working on providing employers more clarity on when they can provide vaccine incentives to their employers without violating federal anti-discrimination law. According to the EEOC response dated…
Read More »Some weeks ago, Equal Employment Opportunity Commission (EEOC) issued a new guidance essentially authorizing in general that employers may require their workers get a COVID-19 vaccine. “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” answers questions about the legal parameters of such a mandate in the context…
Read More »You had to look quickly this week if you wanted to see the Equal Employment Opportunity Commission’s new guidance on accommodating employees with medical conditions in the age of the coronavirus pandemic. The agency posted an updated guidance on Tuesday, May 5 and shortly after posting, pulled the guidance down because it was being “misinterpreted…
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