News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Best Practices Title VII

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

Bricker Graydon LLP on

Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

Fisher Phillips

Understanding Transgender Workers’ Rights: A Legal Update and 3 Best Practices for Employers to Create an Inclusive Environment

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Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more

Fisher Phillips

Using Employees’ Requested Pronouns: It’s About Dignity, Respect and Workplace Compliance

Fisher Phillips on

As employers strive to create inclusive and compliant workplaces, you should note that using an employee’s requested pronouns not only conveys respect but also helps you stay in compliance with anti-discrimination laws. In...more

Gould + Ratner LLP

EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19

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The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

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Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Eversheds Sutherland (US) LLP

Summer vaccinations: EEOC releases updated guidance on vaccination incentives 

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

Fox Rothschild LLP

EEOC’s Proposed Updates To Religious Discrimination Guidance Now Open For Public Comment

Fox Rothschild LLP on

On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the...more

ArentFox Schiff

Employment Best Practices for Hotel Operators During the Pandemic

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As travel increases despite ongoing pandemic concerns, hotel operators must address how to welcome back the increased workforce needed to care for more guests. While some hotels remained open during quarantine with...more

Akerman LLP - HR Defense

“When Do You Plan On Having A Baby?” And Other Questions Not To Ask

Employers interviewing women of child-bearing age may be tempted to ask about plans for having a baby, but doing so poses risks. While an employer might be concerned about staffing coverage, the Pregnancy Discrimination Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 FAQs on the Equality Act and Employment Nondiscrimination

Last week, the U.S. House of Representatives passed the Equality Act, a bill that would amend federal law (including Title VII of the Civil Rights Act of 1964) to prohibit discrimination on the basis of sexual orientation and...more

Verrill

12 Days of HR: Oh Come All Ye Faithful—Maintaining an Inclusive Workplace Around the Holidays

Verrill on

There’s so much to celebrate at the end of the year, and while it often feels like Christmas steals the spotlight, it’s likely that some of your employees also observe Hanukkah, Kwanzaa, and other celebrations throughout the...more

Seyfarth Shaw LLP

8th Circuit Agrees, Request For Religious Accommodation Is Not Opposition Conduct

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Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause...more

Farella Braun + Martel LLP

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more

K&L Gates LLP

K&L Gates Triage: Sexual Harassment in Healthcare: #MeToo and Beyond

K&L Gates LLP on

In this episode, Bridget Blinn-Spears discusses sexual harassment issues for health care employers in the wake of the #MeToo movement. While the law in this area has been established for decades, there continues to be a high...more

K&L Gates LLP

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

K&L Gates LLP on

This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Seyfarth Shaw LLP

Is a Request for Religious Accommodation “Protected Activity” for a Title VII Retaliation Claim?

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent federal case the employer has challenged the EEOC Enforcement Guidance on Retaliation taking the position that a religious accommodation request does not meet the test for protected activity...more

Franczek P.C.

EEOC Files Two Lawsuits Challenging Sexual Orientation Discrimination in the Workplace

Franczek P.C. on

On March 1st, the Equal Employment Opportunity Commission (“EEOC”) announced that it had filed two separate lawsuits alleging employment discrimination based on sexual orientation. For the first time in its own lawsuit, the...more

Seyfarth Shaw LLP

EEOC Expands Its View Of Retaliation Charges

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The EEOC recently released its Proposed Enforcement Guidance on Retaliation, which is not law, but will shape how the agency investigates retaliation charges going forward. The report, which replaces the 1998 version, offers...more

Proskauer - Whistleblower Defense

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of...more

Hinshaw & Culbertson LLP

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

McNees Wallace & Nurick LLC

Supreme Court: Motive Matters in Hiring Decisions

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

Epstein Becker & Green

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

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