Earlier today, the U.S. Supreme Court held that discrimination based on sexual orientation or transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The Court’s opinion in Bostock v. Clayton County, Georgia resolves a circuit split and makes adverse employment actions against gay, lesbian, or transgender people illegal across the nation.

Continue Reading Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation, Transgender Status

The U.S. Equal Employment Opportunity Commission (EEOC) continues to update its guidance on the interplay of COVID-related issues and the Americans with Disabilities Act (ADA).

The EEOC added new FAQs on April 9 (view our summary) addressing issues of confidentiality, reasonable accommodation, hiring, and harassment. On April 17 and April 23, the EEOC added additional FAQs addressing numerous topics, including the permissibility of widespread COVID-19 testing for employees entering the workplace and additional topics involving requests for accommodations during the pandemic and other issues.
Continue Reading EEOC Updates ADA/COVID Guidance Allowing for COVID Virus Testing and “End Dates” to Some Accommodations

The haze of Springfield’s recent legislative session has cleared, and Illinois has become the latest state poised to legalize marijuana. Like many other businesses throughout the country, Illinois employers will be faced with the complexity of enforcing their drug and substance abuse policies while their employees have the legal right to use marijuana outside of the workplace.
Continue Reading Weeding Out the Issues of Legalizing Recreational Marijuana in Illinois

The U.S. Equal Employment Opportunity Commission (EEOC) has updated last week’s statement, described here, to confirm that in addition to 2018 “Component 2” pay data, it will now also be seeking data for calendar year 2017 by the September 30 deadline.

While EEO-1 compliance for 2019 appears to be a moving target, employers should plan to heed the EEOC’s statement and prepare to comply with the September 30 deadline for Component 2 data for both 2017 and 2018.
Continue Reading EEOC Compliance Update: Employers Must Now Also Submit 2017 EEO-1 Component 2 Data by September 30

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a statement notifying covered entities to prepare to submit EEO-1 “Component 2” pay data for calendar year 2018 by the end of September. According to the Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection, the EEOC expects to start collecting this data in mid-July, and in the meantime, filers must still submit their EEO-1 “Component 1” data for calendar year 2018 by the extended May 31, 2019 deadline. In light of these developments, covered employers should, at a minimum, prepare to file 2018 Component 2 pay and hours data by September 30, in addition to filing Component 1 data by May 31.
Continue Reading EEOC Compliance Notice: Employers Must File EEO-1 Component 2 Data by September 30

For several years now, union and non-union employers have been stuck between a rock and a hard place because of dissonance between anti-discrimination laws and the National Labor Relations Act (NLRA). Consider the following situation: An employer can discipline its employees based on discriminatory or harassing behavior and then face an unfair labor practice charge if the employees claim that their conduct was protected concerted activity under the NLRA. Alternatively, an employer can choose not to discipline its employees for such conduct and then get caught in the crosshairs of the Equal Employment Opportunity Commission or a state agency for violating a federal or state fair employment law.
Continue Reading Companies Walk a Fine Line Between Disciplining Staff and Violating NLRA

The Ninth Circuit U.S. Court of Appeals held Monday, on the eve of National Equal Pay Day, that it violates the Equal Pay Act to use pay history to justify wage gaps between male and female employees for the same or substantially similar work. The decision in Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) has immediate ramifications for employers in the Ninth Circuit in evaluating employee compensation.
Continue Reading Consideration of Pay History to Justify Gender Wage Gaps Held Unlawful by Ninth Circuit on Eve of National Equal Pay Day

In a landmark decision reflecting a potential turning of the tide for the LGBT community, the U.S. Court of Appeals for the Seventh Circuit has become the first federal appeals court in the nation to hold that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII. Hively v. Ivy Tech Community College of Indiana, No. 3:14-cv-1791 (7th Cir. April 4, 2017).
Continue Reading Seventh Circuit Breaks New Ground: Sexual Orientation Discrimination Prohibited by Title VII

Joining nearly all other federal circuit courts, the U.S. Court of Appeals for the Eleventh Circuit has held that Title VII does not cover discrimination based on sexual orientation. Evans v. Georgia Regional Hospital, 2017 WL 943925 (11th Cir. March 10, 2017). While closing the door on Title VII sexual orientation discrimination claims, the court re-affirmed that other theories of sex discrimination, such as gender non-conformity and same-sex discrimination, remain actionable.
Continue Reading 11th Circuit Joins Others in Holding Sexual Orientation Discrimination Not Covered by Title VII

The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here.
Continue Reading EEOC Giving More Thought to Mental Health Conditions