Court Blocks EEOC Guidance

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 »

Report Calls for More Data Collection

A report commissioned by the Equal Employment Opportunity Commission (EEOC) was released yesterday and calls for an expansion of data collection by the agency. The National Academies of Sciences, Engineering, and Medicine (National Academies) analyzed the expanded EEO-1 data that was collected by EEOC from private employers and federal contractors for reporting years 2017 to…

Read More »

The Hits Keep Coming from EEOC

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 »

EEOC on Algorithm Employment

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 »

EEOC Shortens EEO-1 Report Window

Although it is no doubt not “top of mind” for many at this point, the window for collecting and submitting EEO-1 employment data has been shortened. The Equal Employment Opportunity Commission (EEOC) last week announced that the EEO-1 Component 1 data collection portal would be opening on April 12, 2022 with the deadline for filing…

Read More »

COVID as an ADA Disability

The Department of Justice along with Health and Human Services have issued an updated guidance relating questions of applicability of COVID-19 under the Americans with Disabilities Act (ADA). The guidance defines “long-COVID” which includes issues resulting from COVID exposure that last four or more weeks. In the wake of that guidance, the Equal Employment Opportunity…

Read More »

EEO-1 Reporting Portal Closing

The Equal Employment Opportunity Commission (EEOC) announced this week that notwithstanding an October 25, 2021 final deadline to submit and certify the mandatory 2019 and 2020 EEO-1 Component 1 reports, you must do so no later than Monday, November 15. Despite the confusing multiple final deadlines, the agency announcement stipulates that those who have not…

Read More »

EEO-1 Deadline Approaching

We want to remind those covered employers that the extension granted for employers required to file EEO-1 reports will expire on October 25, just 10 days from today! You’ll recall that back in the summer months, EEOC also made it quite clear at the time that the new deadline would be final and not further…

Read More »

EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

Read More »

EEOC Pushes Out Deadline

The U.S. Equal Employment Opportunities Commission (EEOC) has announced that it has extended the reporting deadline for 2019 and 2020 EEO-1 reports until October 25, 2021. The EEO-1 is a mandatory annual report for private employers with 100 or more employees and requires submission detailing demographic work data by race/ethnicity, sex and job categories. Originally…

Read More »