Equal Employment Opportunity Commission (EEOC)

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Employers faced with requests from employees for a religious accommodation to an employment requirement, policy or practice are now required to apply a new undue hardship analysis when considering whether to grant or deny the request. In a unanimous opinion…

Continue Reading SCOTUS Issues New Undue Hardship Standard for Religious Accommodation Requests

The Equal Employment Opportunity Commission (EEOC) issued a revised “Know Your Rights: Workplace Discrimination is Illegal” Poster on October 20, 2022, replacing its previous “EEO is the Law” Poster, which must be posted by all employers immediately. The Poster summarizes…
Continue Reading Notice to Employers: EEOC Requires Employers to Remove “EEO is the Law” Poster, Replace it with Revised “Know Your Rights” Poster

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have determined employers using AI…
Continue Reading AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory vaccination policy, such as a…
Continue Reading Employers Are Legally Permitted to Mandate COVID-19 Vaccinations, But Should They?

On December 16, the EEOC issued updated guidance addressing how employers may handle COVID-19 vaccinations. Importantly, the EEOC appears to acknowledge that employers may implement mandatory vaccination programs (i.e., require proof that an employee has been vaccinated) so long as…
Continue Reading EEOC – Employers Can Require Proof of COVID Vaccination, with Some Exceptions

Vaccines and health screenings are medical examinations under the Americans with Disabilities Act (ADA). An employer requiring a vaccine must do so for a legitimate business reason or as required to protect the workplace under analysis of the ADA’s “direct…
Continue Reading Should Employers implement mandatory COVID-19 vaccination policies?