On December 16, 2020, the Equal Employment Opportunity Commission updated its COVID-19 guidance with a new section pertaining to vaccinations. The updated release—“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”—discusses how employers who require vaccinations should respond to an employee who is unable or unwilling to receive a COVID-19 vaccination because of a disability or sincerely held religious belief. 
Continue Reading EEOC Provides Guidance Regarding COVID-19 Vaccinations

On November 17, 2020 the Equal Employment Opportunity Commission released proposed updates to its Compliance Manual on Religious Discrimination. The draft revisions are available for public input until December 17, 2020, after which the EEOC will consider the public’s input, make any changes, and publish the finalized Manual.
Continue Reading For the First Time in 12 Years, EEOC Releases Updated Proposals to Compliance Manual on Religious Discrimination

The Equal Employment Opportunity Commission regularly releases guidance and advice to employers to aid in compliance with applicable workplace discrimination laws. For example, over the course of the COVID-19 pandemic, the EEOC has frequently issued and updated guidance on how employers can strike the difficult balance between workplace safety and compliance with the Americans with Disabilities Act.
Continue Reading EEOC Issues Final Rule on Guidance Procedures

A proposed rule  published by the Equal Employment Opportunity Commission on October 9, 2020 offers the possibility of expanded information-sharing with respondents/employers in connection with the agency’s conciliation efforts.  The proposed expanded disclosures may enhance the value of conciliation to those parties.
Continue Reading EEOC’s Proposed New Procedures May Enhance Value of Conciliation

While most EEOC enforcement actions are related to individual complaints of discrimination and/or retaliation, so-called “pattern or practice” matters are those in which the EEOC attempts to show that an employer has systematically engaged in discriminatory activities. On September 3, 2020, the EEOC issued an opinion letter clarifying that section 707(a) does not provide a freestanding violation of Title VII, and that claims under section 707(a) are subject to section 706’s pre-suit requirements.
Continue Reading The EEOC Scales Back its Own Enforcement Powers through Clarification of its Interpretation of Pattern or Practice Case Requirements

In a little-publicized move near the beginning of the U.S. coronavirus lockdown, the EEOC temporarily suspended issuing right-to-sue letters with respect to most charges of discrimination. the EEOC resumed sending out right-to-sue letters on August 3, 2020, and announced that any suspended notices would be sent out between that date and September 30, 2020.
Continue Reading As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination Lawsuits

Throughout the COVID-19 pandemic, the EEOC has periodically released updates to its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.,” These questions and answers have provided employers with much needed guidance on the EEOC’s position on how employers can ensure the safety of their employees while at the same time not running afoul of the ADA.
Continue Reading EEOC Releases New Guidance to Employers on Returning Employees to Work and ADA Compliance

On April 23, 2020, the EEOC updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address questions that many employers are struggling with related to employee COVID-19 testing.  The EEOC’s new guidance confirms that employers are authorized to administer COVID-19 tests before allowing employees to enter the workplace, and that doing so does not violate the Americans with Disabilities Act.
Continue Reading EEOC Confirms Employer-Mandated COVID-19 Testing Does Not Violate the ADA

On April 17, 2020 the EEOC updated its’ Technical Assistance Questions and Answers to provide employers with additional guidance interpreting the ADA, Rehabilitation Act, and other EEO Laws in the midst of the COVID-19 pandemic.  The EEOC first reminds employers that while these laws continue to apply, employers should still adhere to the ever-changing guidelines and suggestions made by the CDC or state/local health authorities.  With that in mind, the new guidance addresses several topics.
Continue Reading EEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19