The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its proposed “Enforcement Guidance on Harassment in the Workplace,” which presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes it enforces.
As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers — whether they are caring for children, a spouse, an individual with a disability or older relatives. …
Continue Reading Caring for caregivers: Understanding caregiver discrimination under federal laws
The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance allowing employers to test employees for COVID-19 under certain circumstances. Specifically, the guidance posed, and answered, the following question:
May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? 4/23/20…
Businesses are beginning to reopen across the country, and as employees come back to work, employers are considering to what extent they can protect vulnerable employees who continue showing up for work in spite of the risk posed by COVID-19. The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance to address this question.
Continue Reading EEOC updates guidance on addressing health risks of COVID-19 vulnerable employees who do not ask for accommodation
The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance to provide employers with additional insight on how to properly engage in the Americans with Disabilities Act’s (ADA) interactive process.
Engaging in the interactive process
In parts of the country, governors are beginning to talk about reopening their states for business. When this occurs, employers are likely to experience an influx in disability accommodation requests.…
A federal lawsuit alleging discrimination under Title VII must be filed within ninety days after the EEOC has completed its handling of the related discrimination charge and issued its Notice of Right To Sue. Some employers attempt to shorten the time for filing discrimination charges by getting employee or applicants to sign agreements to that…
Employers with facilities in New York are probably aware of the significant piece of anti-discrimination legislation Gov. Cuomo signed recently. The new law:
- expands coverage to all employers regardless of size;
- expands protections against discrimination to certain non-employees;
- increases the statute of limitations for sexual harassment claims from one to three years;
- adds punitive damages and mandatory attorneys’ fees as potential remedies;
- prohibits mandatory arbitration of discrimination claims;
- adds to the notice requirements an employer must provide regarding its sexual harassment policy, including in the language identified by any employee as their primary language; and
- places significant specific restrictions upon the use of non-disclosure agreements
While these changes are certainly significant, the more troubling aspect of the law for employers and their counsel may be its expansive definition of sexual harassment as well as its open dismissiveness of federal law.
Continue Reading New York’s new discrimination law—Aberration or the start of a trend?
The Equal Employment Opportunity Commission (EEOC) has announced the filing window for the newly required Component 2 pay data opens July 15, 2019. Private employers with at least 100 employees are required to submit pay data for calendar years 2017 and 2018 by Sept. 30, 2019. This new requirement is ordered by the court decision in the National Women’s Law Center v. Office of Management and Budget case.
The EEOC has taken a number of steps to assist employers with this new filing requirement.
Pay Data Required by September 30, 2019
Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers…
Further action has occurred in the National Women’s Law Center v. Office of Management and Budget case, about which we reported here. Employers will need to report 2018 pay data to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While it is clear that employers will be required to report 2018 pay data later this year, it is unclear whether pay data for 2017 will also be required at that time. The EEOC has until May 3, 2019 to decide what time period must be reported on September 30, 2019.
Porter Wright will continue to provide updates on this breaking news as more details become available.
It’s that time of year again. The 2018 EEO-1 Survey is open and must be filed with the Equal Employment Opportunity Commission (EEOC) Office of Enterprise Data and Analytics’ Employer Data Team. Employers must submit their reports by Friday, May 31, 2019.
What is the EEO-1 survey?
Federal law mandates that certain employers submit employment data for compliance purposes. The survey requires employers to submit data on employee race, ethnicity and sex categorized by one of ten job categories. Employers must gather this data from one pay period in October, November or December of each reporting year. Data must include both full-time and part-time employees.
In addition to sex, employers must report data on the following race and ethnicity categories:…
Continue Reading EEO-1 reporting; Now open for business