EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or Stalking

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) to victims of domestic violence, sexual assault or stalking. The document highlights that employers should be sensitive to these issues when dealing with both job applicants and employees.

New York employers should also keep in mind that New York State and New York City law include heightened protections for domestic violence victims. Best Practices. Employers should be mindful that improper handling of issues involving domestic violence, sexual assault and stalking can result in disparate treatment, harassment or retaliation on the basis of sex, sex-based stereotypes or disability. While the new guidance from the EEOC does not expand the protections afforded by Title VII and the ADA, it emphasizes that employers should exercise caution when faced with such sensitive situations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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