The Equal Employment Opportunity Commission (EEOC) issued an update to its 2009 pandemic guidance, “Pandemic Preparedness in the Workplace and the ADA,” originally detailed in our blog issued the day COVID-19 was declared a pandemic. The updated guidance advises employers
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A Checklist for Conducting Workplace Investigations
Responsiveness to an employee’s complaint about workplace concerns not only enables the employer to gather the best information, it also provides the employer with the opportunity to resolve internal problems before they become widespread. Given every complaint could turn into…
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Can Background Checks be Conducted on Current Employees?
Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. Below are several examples of instances in which employers may choose to do so:…
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How Will SCOTUS’ Upcoming Cases Affect Title VII?
The United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual…
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EEOC Annual Report Offers Insight into Employment Discrimination Claims
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its annual report of enforcement and litigation data for fiscal year 2018. The report provides a snapshot of employment discrimination law in the U.S. and often indicates trend lines, providing insight…
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EEOC Issues Guidance on Submission Deadlines Impacted by Government Shutdown
As the longest government shutdown in history has come to an end, the U.S. Equal Employment Opportunity Commission recently released guidance for employers faced with upcoming EEO-1 submission deadlines and responding to charges of discrimination filed during the government shutdown.
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Age Discrimination in the Workplace
It is no secret that more U.S. workers are electing to put off retirement and remain in the workforce longer. Given the current labor shortage (lowest unemployment rate in 18 years), this is great news for companies as retaining experienced…
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Sexual Harassment and What Employers Must Do to Comply
The latest headlines confirm the 2016 findings published by the Equal Employment Opportunity Commission (EEOC) that workplace harassment too often goes unreported. The EEOC reports that “approximately 70% of the individuals who experienced harassment never even talked with a supervisor…
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Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers
The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in…
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Failure to Accommodate Sincere Religious Beliefs Can Be a Costly Mistake for Employers
Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and constructively discharged him…
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