The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the EEOC’s guidance is helpful, not surprisingly, it leaves open some questions. Section K of the
Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines
Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees.
The CDC’s guidance
Race and National Origin Discrimination Claims Cover Discrimination Based on All Races or National Origins
Employers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.
The
Less May Actually Mean More: EEOC Stats on 2020 Filings
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data (a rundown of which can be seen here)?
Charges Are Down Overall
Yet again, workplace discrimination charges are down – there were 67,448 new
Vaccinations Offer Hope, But What Should Employers Consider When Designing COVID-19 Vaccine Incentive Programs?
On March 2, 2021, President Biden announced that there will be enough COVID-19 vaccines for “every adult” in the United States by the end of May 2021. Given the current lack of vaccine availability, this announcement signals a light at the end of the tunnel for everyone, not the least of which are employers eager
EEOC Explore: The EEOC’s New Data Tool — What Does It Mean for Employers?
The EEOC is trying to make it easier to get information about employment trends and has launched EEOC Explore, “an interactive data query and mapping tool” that gives you access to aggregate data on more than 56 million employees and 73,000 employers across the U.S. According to the EEOC’s FAQs, this tool will enable
Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a
Mandate to Vaccinate? Employers and Required Flu Shots
This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may
Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have Missed
In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.
EEOC Issues Opioid Accommodation Guidance
While employers have (rightfully) spent recent months navigating the COVID-19 pandemic, another epidemic has quietly continued. Opioid use in the United
You Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party Claim
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee