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

Last week, the EEOC issued its final rule regarding pay data to be collected with the annual EEO-1 reports. Covered employers will now need to submit pay data sorted by job group and demographic data in their annual EEO-1 reports. The final rule was implemented with no material changes from the proposed rule first issued earlier this year, despite significant response and feedback from industry and employer groups citing concerns. For more information on the rule, see You Pay Your Employees What??? Employers Might Have to Share Hours and Pay Data in Proposed EEO-1 FormThe new EEO-1 form can be found here. Continue Reading EEOC and DOL Active Last Week: EEO-1 Pay Data Rule and Federal Contractor Paid Sick Leave Rule to Take Effect

Under new procedures effective January 1, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) is mandating unprecedented transparency by requiring the employer’s position statement and supporting documentation to be shared with the charging party during the investigation.  The EEOC’s new procedures can be found here.  While presented by the EEOC as a procedural change, it is likely to have substantive consequences for many employers. Continue Reading Point, Counterpoint the New Normal for EEOC Position Statements

It’s not fair, women making about three quarters of every dollar earned by men for the same work. Latest government statistics show women earn 76 to 77 cents on the dollar as compared to men. Most would agree this is a problem, and would support efforts to do something about it. Now the U.S. Equal Employment Opportunity Commission (EEOC) is trying to take action. But is the EEOC’s plan going to be effective in battling this pervasive problem, or just create more administrative burdens and legal traps for employers? Continue Reading You Pay Your Employees <em>What</em>??? Employers Might Have to Share Hours and Pay Data in Proposed EEO-1 Form

Managers who are trying to do employees a good turn may find themselves in an unwanted predicament, if the EEOC ever winds up getting involved.

Most of us know that disability claims are a primary focus for the Equal Employment Opportunity Commission. And with the ADA’s 25th anniversary last month, the focus is even more heightened. But what may come as a surprise to some is the EEOC’s highly aggressive stance when it comes to accommodating disabled employees.  Continue Reading No Good Deed: When Unnecessary ADA Accommodation May Become Required ADA Accommodation

Just a few days ago Alex Galvan posted on our blog about the U.S. Equal Employment Opportunity Commission’s (EEOC) mission to expand Title VII’s protections to LGBT employees. As if on cue, the EEOC has now taken another next step towards completing its mission.  Last week, in a 3-2 decision, the EEOC held that Title VII prohibits employers from treating an applicant or employee differently on the basis of their sexual orientation because “sexual orientation is inseparable from an inescapably linked to sex” and as a result “[s]exual orientation discrimination is sex discrimination.”  Continue Reading Another Round: EEOC Continues Expansion of Workplace Protections for LGBT Employees

While much of the recent focus in the LGBT rights arena has been on same-sex marriage—especially in light of the Supreme Court’s ruling in Obergefell—employers should keep a close eye on the growing protections being afforded LGBT employees.

To those who argue that LGBT employees are not protected by Title VII on the basis of sexual orientation or gender identity, the Equal Employment Opportunity Commission (EEOC) has a simple, monosyllabic response: Sex. Continue Reading Let’s Talk About “Sex”: Workplace Protections for LGBT Employees under Title VII

Employment law loomed large on the Supreme Court’s docket this term. In seven highly anticipated cases, the Court interpreted federal employment statutes from Title VII and the Pregnancy Discrimination Act to FLSA and ERISA.

While employers received favorable rulings in some cases, the Court’s decisions regarding religious discrimination and the accommodation of pregnant workers could impact employers’ current practices and policies. Employers should review hiring, accommodation, and other policies—even those that are facially neutral—to ensure compliance with the Court’s recent holdings. Continue Reading Employment Law Highlights from the Supreme Court’s Current Term

Employers should continue to proceed with caution despite the recent pro-employer decision in EEOC v. CVS Pharmacy, Inc., a closely-watched case in which the EEOC alleged that CVS’ standard separation agreement interfered with the rights of former employees to file an EEOC charge or participate in an EEOC investigation. Although summary judgment was granted in favor of CVS by Judge John W. Darrah of the Northern District of Illinois, the court chose not to address the merits of the case, and instead dismissed the lawsuit on procedural grounds based on the EEOC’s failure to conciliate the case prior to filing its lawsuit. Continue Reading EEOC Loses on Procedural Grounds in Hotly Contested Case Challenging CVS Pharmacy Separation Agreement

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued a detailed Enforcement Guidance on pregnancy discrimination and related issues (the Guidance). The Guidance addresses an employer’s obligations relating to pregnancy and pregnancy-related conditions under the Pregnancy Discrimination Act (PDA), which amended Title VII, the Americans with Disabilities Act (ADA) and other laws. The text of the Guidance is available here. Portions of the Guidance are summarized below. Continue Reading EEOC Issues Sweeping Enforcement Guidance on Pregnancy Discrimination