News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Exemptions

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

Husch Blackwell LLP

Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

Husch Blackwell LLP on

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

Sherman & Howard L.L.C.

Appeals Courts Divide Over Application of LGBTQ+ Nondiscrimination Law to Religious Businesses

A federal court of appeals ruled last week that religious businesses may be partially exempt from Title VII — a statute that prohibits workplace discrimination because of sexual orientation, gender identity, and other...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

Conn Kavanaugh on

The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

Littler

OFCCP Sued to Compel Release of EEO-1 Data

Littler on

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

Polsinelli

I Object! – OFCCP Extends Deadline to October 19 to Submit Objections to FOIA Request for All Type 2 Consolidated EEO-1 Reports

Polsinelli on

Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more

Littler

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

Littler on

As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Parker Poe Adams & Bernstein LLP

EEOC Guidance Says Medical Exemptions to Vaccination Mandates Can Only Be Denied Based on Direct Threat

The Equal Employment Opportunity Commission’s (EEOC) revised COVID-19 Technical Assistance Q&A clarifies how employers should evaluate employee requests for exemptions from mandatory vaccination requirements based on medical...more

Bailey & Glasser, LLP

COVID Confusion: New Florida Law Imposes Additional Exemption Requirements on Employers with Mandatory Vaccination Policies

Bailey & Glasser, LLP on

On November 18, 2021, Florida passed a new law during a special legislative session that bans private employers in the state from implementing mandatory vaccination policies for their workforce unless they provide...more

Foley Hoag LLP

EEOC Updates Guidance on Religious Exemptions to Workplace Vaccine Requirements

Foley Hoag LLP on

On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...more

Perkins Coie

DOJ Takes Stance on Mandatory COVID-19 Vaccine Policies: They Do Not Violate Federal Food and Drug Laws

Perkins Coie on

According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes an “emergency use authorization” (EUA) for...more

Patterson Belknap Webb & Tyler LLP

EEOC Revises Enforcement Guidance on Religious Discrimination

The Equal Employment Opportunity Commission (“EEOC”) recently updated its Compliance Manual Section on Religious Discrimination, seeking to clarify how Title VII of the Civil Rights Act of 1964 (“Title VII”) protects...more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

Patterson Belknap Webb & Tyler LLP

The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace

Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC,...more

Arnall Golden Gregory LLP

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

Wiley Rein LLP

A Prickly Situation: Employer-Mandated Vaccinations in a Global Pandemic

Wiley Rein LLP on

This month marked yet another milestone in the COVID-19 pandemic – but one more positive than the milestones that have come before it. On December 15, the first doses of the COVID-19 vaccine were administered to health care...more

Williams Mullen

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

Arnall Golden Gregory LLP

The EEOC Issues Guidance Encouraging Voluntary Vaccine Policies

Just as the first batches of the COVID-19 vaccine are being distributed, the Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance for employers regarding how to implement vaccines in a manner consistent...more

Bradley Arant Boult Cummings LLP

Employers, Employees and Mandatory COVID-19 Vaccinations

Exceeding almost everyone’s expectations, President Donald Trump’s Operation Warp Speed has reportedly delivered fantastic news about at least two highly effective COVID-19 vaccines. One vaccine is from Moderna; the other is...more

Dickinson Wright

Can Employers Make Employees Get the COVID-19 Vaccine?

Dickinson Wright on

With two COVID-19 vaccines set to receive federal approval in the United States in the upcoming weeks, the next question is whether employers can make employees receive the vaccine....more

Bradley Arant Boult Cummings LLP

Mandate to Vaccinate? Employers and Required Flu Shots

This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs,...more

DirectEmployers Association

OFCCP Week In Review: August 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Poyner Spruill LLP

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

Poyner Spruill LLP on

As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...more

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