Tag: EEOC

Pronoun War: What Trump EEOC’s Erasure of ‘Gender Ideology’ Means for Some Employers

In his first few weeks in office, President Donald Trump has demonstrated that one of his key policy initiatives is the elimination of what some call “gender ideology,” or the recognition of gender identities other than simply male and female. EEOC Acting on EO Shortly after taking office, the president issued Executive Order (EO) 14168, […]

EEOC Steps Up Pregnant Workers Fairness Act Enforcement

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of Federal Regulations in April and become effective in June. Starting last fall, the EEOC has jumped full into the enforcement of the PWFA regulations with […]

The EEOC Has a 3-1 Democratic Majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]

3 Steps Employers Can Take to Promote Pay Equity Through Data and Transparency

Over the last decade, numerous laws have been enacted across the U.S. to advance pay equity and transparency in the workplace. Pay data reporting laws, in particular, have gained significant momentum, becoming a key driver of progress toward fairer compensation practices.   Several U.S. states, including California and Illinois, have enacted pay data reporting laws, while […]

EEOC Offers Employers a Hobson’s Choice on Employee Training

Training. Training, training, training. We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees. Set aside the practical benefits of training—e.g., relaying fairly obvious no-nos to a room typically containing persons inexplicably unaware of obvious no-nos—and […]

discrimination

Case Study: Harassment and Discrimination Aren’t Rocket Science

Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]

Excited About the Potential of AI? Don’t Forget Legal Compliance

Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter how it’s viewed, though, employers must focus on how this brave new world intersects with legal compliance. Guidance from the DOL […]

17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations

On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s (PWFA) final regulations, which were published on April 19, 2024. The 17 states include Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, […]

background checks

Employer in Deep Sheetz Over Criminal History Check

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s (EEOC) intention to challenge how employers use arrest and conviction records to make hiring decisions. Criminal History Check Required of All Applicants Sheetz is a regional convenience store chain based in Pennsylvania that operates more than 600 locations and employs approximately 23,000 […]

EEOC Issues Final Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]