New York Labor And Employment Law Report

New York Labor And Employment Law Report

Tag Archives: EEOC

Revised EEO-1 Pay Reporting Requirements Suspended Until Further Review

Posted in Employment Discrimination
On August 29, 2017, the Office of Management and Budget (“OMB”) suspended the implementation of the new EEO-1 form, pending a review of the effectiveness of those aspects of the EEO-1 form that were revised on September 29, 2016.  The revisions to the EEO-1 form, which were scheduled to take effect in March 2018, included: A… Continue Reading

EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

Posted in Harassment
The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws.  The initial deadline for employers and other members of the public to submit input regarding the proposed guidance was February 9, but the EEOC just announced today that it was extending… Continue Reading

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

Posted in Americans with Disabilities Act, Retaliation
On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.”  Along with the final guidance, the EEOC issued a Q&A publication and a Small Business Fact Sheet. Since 1998, the Supreme Court and lower courts have issued a number of significant rulings regarding employment related… Continue Reading

EEOC Task Force Issues Report on Harassment in the Workplace

Posted in Harassment
In 2015, the Equal Employment Opportunity Commission (EEOC) received almost 28,000 charges of discrimination alleging workplace harassment — a number that has remained relatively constant over the last five years.  In response, the EEOC formed a Select Task Force — comprised of member representatives from multi-disciplinary backgrounds — who spent the past year strategizing to… Continue Reading

EEOC Files First Lawsuits Alleging Sexual Orientation Discrimination Under Title VII

Posted in Employment Discrimination
As we have reported in earlier posts, the U.S. Equal Employment Opportunity Commission (“EEOC”) has previously taken the position that discrimination on the basis of “sexual orientation” is prohibited under Title VII of the Civil Rights Act of 1964.  Although not explicitly listed as a protected category under Title VII, the EEOC views sexual orientation… Continue Reading

EEOC Publishes New Nationwide Procedures for Employer Position Statements

Posted in Employment Discrimination
When an employee or former employee files a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”), the first step in the investigation is generally the EEOC’s request for a position statement from the employer in response to the charge.  Although many employers depend on their labor and employment counsel to gather the necessary information… Continue Reading

Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Posted in Retaliation
Employers face claims of retaliation at an increasingly alarming rate.  Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation of retaliatory conduct.  While retaliation is by no means a new concern for the EEOC, the Proposed Enforcement Guidance on Retaliation and Related Issues issued… Continue Reading

EEOC Has Attendance Point Systems in its Sights

Posted in Americans with Disabilities Act
Attendance point systems undoubtedly have appeal.  These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of attendance-related corrective action.  However,  to be legally compliant, an attendance point system must make allowances for legally protected absences. You may be… Continue Reading

According to the EEOC, Sexual Orientation Discrimination is Prohibited By Title VII

Posted in Employment Discrimination
There are many protected categories under the federal employment discrimination laws, but none of those laws mentions “sexual orientation” as a protected category.  Versions of the Employment Non-Discrimination Act (“ENDA”), which would explicitly prohibit employment discrimination on the basis of sexual orientation, have been introduced in almost every session of Congress since about 1994.  However, the legislation… Continue Reading

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims in the Hiring Process?

Posted in Employment Discrimination
On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to avoid accommodating a religious practice that it could accommodate without undue hardship, even if the… Continue Reading

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

Posted in Americans with Disabilities Act
On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it relates to employer wellness programs.  The EEOC also issued a Fact Sheet for Small Business and a Q&A regarding the proposed rule. By… Continue Reading

Transgender Employees: The New Protected Category?

Posted in Employment Discrimination
By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act:  race, color, religion, national origin and sex.  Additional categories are protected by other federal anti-discrimination laws:  disability (Americans with Disabilities Act), age (Age Discrimination in Employment Act), pregnancy (Pregnancy Discrimination Act), and… Continue Reading

EEOC Files Two Recent Lawsuits Challenging Employer Wellness Programs

Posted in Americans with Disabilities Act
The Affordable Care Act creates new incentives to promote employer wellness programs.  However, employers should not rush to establish such programs without first considering the implications of the Americans with Disabilities Act.  Why?  The Equal Employment Opportunity Commission has not yet issued guidance on how employers may structure their wellness programs to avoid violations of the… Continue Reading

EEOC Issues New Guidance on Pregnancy Discrimination

Posted in Americans with Disabilities Act, Employment Discrimination
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on Pregnancy Discrimination and Related Issues.  The purpose of the Enforcement Guidance is to explain the EEOC’s current interpretations of the Pregnancy Discrimination Act of 1978 (“PDA”) and the interplay between the PDA and the Americans with Disabilities Act (“ADA”).  This… Continue Reading

EEOC Settles GINA Discrimination Lawsuit with New York Employer

Posted in Employment Discrimination
On January 13, 2014, the Equal Employment Opportunity Commission (“EEOC”) announced it had reached a settlement with Founders Pavilion, Inc. (“Founders”), a former nursing and rehabilitation center located in Corning, New York.  In the lawsuit, the EEOC alleged that Founders violated the Genetic Information Nondiscrimination Act (“GINA”).  The lawsuit represented only the third time since GINA… Continue Reading

Federal District Court Scolds EEOC for Meritless Background Check Lawsuit

Posted in Background Checks, Employment Discrimination, Race Discrimination
As previously reported, the elimination of barriers in recruitment and hiring was identified as one of the Equal Employment Opportunity Commission’s six priorities in its 2013-2016 Strategic Enforcement Plan (“SEP”).  Accordingly, the EEOC is focusing its enforcement efforts and resources on eradicating both class-based intentional discrimination, as well as facially-neutral recruitment and hiring practices that… Continue Reading

EEOC Unveils 2013-2016 Enforcement Priorities

Posted in Employment Discrimination
On December 18, 2012, the Equal Employment Opportunity Commission ("EEOC") announced the approval of its 2013-2016 Strategic Enforcement Plan.  The Plan’s purpose is to “focus and coordinate the EEOC’s programs to have a sustainable impact in reducing and deterring discriminatory practices in the workplace.”  The Plan sets forth six agency priorities:… Continue Reading

EEOC Issues Guidance Regarding Application of Title VII and ADA to Victims of Domestic Violence, Sexual Assault, or Stalking

Posted in Americans with Disabilities Act, Employment Discrimination
Guidance from the U.S. Equal Employment Opportunity Commission, issued on October 12, 2012, cautions employers that federal employment discrimination laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act may apply in certain situations involving applicants or employees who experience domestic or dating violence, sexual assault, or stalking.  This guidance,… Continue Reading

Recent OFCCP and EEOC Enforcement Actions Suggest an Increased Focus on Alleged Discriminatory Hiring Practices

Posted in Employment Discrimination, Federal Contractors, Race Discrimination
Recent complaints filed by the Office of Federal Contract Compliance Programs ("OFCCP") and the Equal Employment Opportunity Commission ("EEOC") against employers suggest that those federal agencies are aggressively pursuing allegations of discriminatory hiring practices.… Continue Reading