The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines strategies and policies the EEOC believes are necessary to prevent and address workplace harassment based on any protected status (i.e., race, gender, national origin, disability, religion, age, and genetic
A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case
If you transfer employees with no loss of pay or status, can they sue you under Title VII? Right now, it depends on where you live and what your local federal circuit has ruled. That could change.
The Supreme Court will soon decide whether Title VII prohibits discrimination in transfer decisions if the transfer decision…
New Form I-9 Now Mandatory
Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also use the previous version of the form (rev. date 10/21/19). As of November 1, the old form is…
Exercise Your Joints: NLRB Issues Final Rule on Joint Employers
Today, the NLRB issued their Final Rule on what constitutes joint-employer status under the National Labor Relations Act. This new rule overrides the old 2020 standard, that was much stricter in what type of control had to exist over employees.
Who Has the Power?
Under the new rule, companies or entities can be considered joint…
Are They Qualified? 11th Circuit Further Defines ADA Category
Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no.
Factual Background
Karyn Stanley started as a firefighter with the City of Sanford, Florida in 1999. In 2016…
Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search
If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to disclose them in a labor dispute even though pre-hearing discovery is generally not available. You…
Happy Anniversary! New Guide for the Rehabilitation Act
Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource guide for recruiting, hiring, and employing individuals with disabilities. The resource guide provides a helpful synopsis of the Rehabilitation Act’s…
Cracking Down: The EEOC’s Strategic Plan for the Coming Years
Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming enforcement strategies.
Goal 1: Remedy employment discrimination and obtain relief for victims of discrimination
The…
Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts
Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the purpose of information sharing and joint investigations. As you know, the EEOC investigates and enforces allegations of discrimination and retaliation under Title…
EEO-1s Are Coming!
For more than 50 years, the Equal Employment Opportunity Commission has required certain employers to submit annual EEO-1s with workforce demographic data (i.e., number of employees by job category and by sex and race or ethnicity). Additionally, the Office of Federal Contract Compliance Programs regulations require certain federal contractors to file this data as well.…