A COVID-19 diagnosis alone, however, is not enough.
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On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.
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The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.
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This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.
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The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.
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The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.
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On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:
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According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.
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As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.
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As states around the country, including Colorado, relax their sheltering in place orders, non-critical businesses are beginning to reopen. To ensure that COVID-19 does not further spread, the Equal Employment Opportunity Commission (“EEOC”) and the Colorado Department of Health & Environment have issued new guidance and regulations so that they can safely operate
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The U.S. Supreme Court ruled unanimously that federal courts have the power to review discrimination and retaliation claims brought under Title VII of the 1964 Civil Rights Act (“Title VII”) even if the plaintiff did not first file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") or an equivalent state agency.
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The number of sex harassment claims filed against employers has increased in the year since the #MeToo movement began. The Equal Employment Opportunity Commission’s (“EEOC”) preliminary 2018 figures show that just under 10,000 sexual harassment claims have been filed to date in 2018, which is a three percent increase over the previous year.
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The U.S. Equal Employment Opportunity Commission (“EEOC”) claims that the Home Depot violated the Americans with Disabilities Act (“ADA”), which prohibits disability discrimination in employment and requires employers to provide reasonable accommodations to disabled employees, unless such accommodation would cause an undue hardship. According to the EEOC, the Home Depot refused to allow an employee with irritable bowel syndrome and fibromyalgia a short bathroom break and instead fired her for abandoning her post at a register when she left to use the restroom. The Home Depot denied the allegations, and denied knowing Plaintiff had irritable bowel syndrome, but despite these facts, the EEOC claims that a short break to care for herself and return to work was an ADA reasonable accommodation that the Home Depot could have—and should have—provided to accommodate the employee’s disability.
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Last week, the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”) announced that the Office of Management and Budget (“OMB”) was immediately suspending, and would further review, Obama-era pay data reporting rules. The decision is a relief to larger businesses, many of which had decried the significant administrative expenses and burdens of Obama administration’s reporting rules.
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As flu season approaches, employers often ask: can we require our employees to get a flu shot? The answer? Sometimes. Although some employers, particularly in the healthcare field, require employees to get immunized, employers should beware of legal risks created by the policies mandating vaccinations for employees. If an employer mandates vaccination, an employee may have a right to an exemption from the policy based on the employee’s medical history or religious beliefs.
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In light of the publicity surrounding President’s Trump’s recent tweets regarding transgender individuals serving in the United States military, it is important for employers to be aware of current prohibitions at the state level for employment discrimination based on an employee’s status as a transgender man or woman, as well as the Equal Employment Opportunity Commission’s (“EEOC”) current view that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination based on transgender status. A transgender person is someone whose gender identity differs from the sex marked on their birth certificate.
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When an employee or former employee files a discrimination charge against your company, the pressure and burdens associated with complying with an Equal Employment Opportunity Commission (EEOC) investigation can be significant. However, a recent decision from the U.S. Supreme Court makes clear that the EEOC’s investigation subpoena powers are not limitless.
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