Tag: EEOC

Posted April 12, 2020 with Tags EEOC, COVID-19, COVID-19 for Employers, Discrimination

EEOC Issues Updated ADA Guidance Amidst COVID-19 Pandemic

On April 9, 2020, the Equal Employment Opportunity Commission (EEOC) issued new guidance to help employers manage workplace issues related to the COVID-19 pandemic without running afoul of federal non-discrimination laws. The EEOC’s updated guidance focuses primarily on employers’ obligations under the Americans with Disabilities Act (ADA). We discuss the highlights.

Posted July 27, 2017 with Tags EEOC, Sarah Riskin, Discrimination Defense, DOJ

Washington’s Whiplash: Sexual Orientation Discrimination and Title VII

In the last six months, the scope of federal protection against discrimination on the basis of sexual orientation (and gender identity) has been a hot topic in the courts and Trump administration. During the Obama administration, federal agencies and the Department of Justice argued in favor of such protection. The Trump administration is taking the opposite approach, and yesterday the Department of Justice filed an amicus brief in the Second Circuit explicitly arguing that Title VII does not prohibit sexual orientation discrimination. The courts are divided. In the spring of 2017, the Seventh Circuit ruled that sexual orientation discrimination is sex discrimination under Title VII, while the Eleventh Circuit rejected that view. The Second Circuit is weighing the issue, and in the meantime, what's an employer to do?

Posted January 26, 2017 with Tags EEOC, Jason Hungerford

New EEOC Chair Signals Change in Precedent and Priorities

On January 25, 2017, President Donald Trump appointed Victoria A. Lipnic as Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), which could result in a shift away from recent EEOC decisions and the agency's current enforcement priorities.

Posted June 26, 2013 with Tags EEOC, employer liability, hiring, law, liability, department of labor, legal, Business Law

Breaking News: What the Supreme Court’s Ruling on the Definition of Marriage Means for Employers

In 2012 and 2013, a handful of states joined the ranks of those who recognize same-sex marriage, making it more likely that national employers are impacted by the varying marriage laws, whether they realize it or not. And with Section …

Posted June 24, 2013 with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, liability, department of labor, legal, Business Law, HR, staffing

Background Check? Not so Fast. “Ban the Box” Efforts Expanding Nationally

On May 13, 2013, Minnesota became the latest state to put new measures into place restricting employers’ abilities to inquire about criminal histories on job applications. Many cities and counties nationwide have also taken this step, with others considering similar …

Posted June 24, 2013 with Tags EEOC, employer liability, hiring, law, liability, department of labor, legal, Business Law, HR

For Employers, Prying into Employee Social Media Accounts Carries Risk

Data security and the prevention of malicious cyberattacks are top concerns among general counsel and corporate directors, which has led some companies to go as far as requiring employees hand over their personal social media accounts for inspection. One proposed …

Posted June 24, 2013 with Tags EEOC, employer liability, hiring, law, department of labor, legal, Business Law, HR, staffing

Shifting Towards a New Era of Workplace Flexibility

In the modern workplace, flexibility in workplace hours, sick time and paid time off is quickly becoming the norm rather than a perk. Despite the occasional flashpoint from companies like Yahoo, the trend towards flexibility seems to be a trend …

Posted June 24, 2013 with Tags EEOC, hiring, law, legal, Business Law, HR, staffing

Internal Job Referrals and Homogeneous Hiring

With employers incurring significant costs to find the right candidate for open positions, employee referrals have become a valued resource for HR departments. Some larger companies, in fact, have begun creating goals to increase the number or proportion of hires …

Posted June 24, 2013 with Tags EEOC, employer liability, hiring, law, legal, Business Law, HR

EEOC Making Aggressive Moves to Investigate Pay Equity

A heads-up to employers: The U.S. Equal Opportunity Employment Commission (EEOC) may soon be knocking on your door demanding to audit your pay practices. As part of a program being piloted by three of its regional offices, the EEOC is …

Posted May 20, 2013 with Tags EEOC, employer liability, law, department of labor, legal, Business Law

Minnesota Legislature Passes Expanded Sick Leave Bill

The Minnesota Legislature passed a bill last week that is intended to expand employee sick leave benefits. Although state law already allows employees who receive sick leave to use that time to care for a sick child, the new legislation …

Posted May 14, 2013 with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, department of labor, legal, Business Law

Minnesota Governor Mark Dayton Signs Bill Restricting Use of Criminal Background Checks in Hiring Process

On May 13, 2013, Minnesota Governor Mark Dayton signed a bill into law limiting the reliance on criminal history for employment purposes. The new law goes into effect on January 1, 2014. The basic prohibitions state that employers cannot inquire …

Posted April 22, 2013 with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, department of labor, legal

Minnesota Senate Passes Bill Restricting Use of Criminal Background Checks in Hiring Process

On April 20, the Minnesota Senate approved legislation restricting the ability of employers to inquire into the criminal histories of prospective employees. Pending a vote from the House and approval of Governor Dayton, the legislation takes effect January 1, 2014. …

Posted February 15, 2013 with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, liability

Criminal Background Checks Preventing or Creating Liability?

Nilan Johnson Lewis’ own Veena A. Iyer wrote an article that appeared in Corporate Counselor about the recent updates by the EEOC regarding the use of criminal background checks. In her article, Veena suggests best practices employers should consider when …