Employers Need to Be Careful When It Comes to Flu Vaccinations

As fall and winter approach, it means that cases of seasonal flu will increase. This, in addition to the continuing COVID-19 pandemic, might cause concern for employers everywhere. Some employers might even consider requiring employee flu vaccinations as a way to protect workers from the contagious illness. According to the National Law Review, however, employers […]

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Federal Agency Updates COVID-19 Guidance Including Testing Guidelines

In March 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various Frequently Asked Questions (FAQs) concerning COVID-19 issues. Since the original release, the FAQs have been updated on a near-monthly basis with new additions. Overall, the guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act […]

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EEOC Releases Guidance Clarifying Employee Opioid Use

On August 5th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance document to address concerns about the employment provisions of the Americans with Disabilities Act (ADA) and the current opioid epidemic. Guidance Summary While making it clear that current illegal drug use does not qualify as a covered disability, the guidance clarifies […]

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Updated COVID-19 Anti-Discrimination Guidance Now Available

On June 11th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions that fall under federal Equal Employment Opportunity (EEO) laws related to the coronavirus pandemic. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” provides approaches […]

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EEOC Updates COVID-19 Guidance on Anti-Discrimination Laws

On April 23rd, 2020, the Equal Employment Opportunity Commission (EEOC) announced additions to their technical assistance guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” providing employers with crucial information on how to avoid possible workplace discrimination claims during the coronavirus pandemic. Provided in a “question and […]

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UPDATED: Key Links for Employers During the Coronavirus Health Crisis

Last Updated on 3/30/2020 As employers throughout the U.S. struggle to maintain their businesses, keep workers safe, and transition some employees to work-from-home arrangements in light of the coronavirus pandemic, various federal government agencies have posted useful resources to answer questions and provide essential guidance about relevant workplace laws and regulations. From the U.S. Department […]

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Lipnic Won’t Seek Third Term on EEOC

Victoria Lipnic, a Republican first appointed by President Obama, has announced that she will not seek a third term as a commissioner for the Equal Employment Opportunity Commission (EEOC) after her current appointment ends on July 1. With only three members currently serving on the agency, that would render the EEOC quorum-less and unable to […]

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Retaliation Tops Charges Filed with EEOC in FY 2019

The Equal Employment Opportunity Commission (EEOC) has released detailed breakdowns for the 72,675 charges of workplace discrimination the agency received in fiscal year 2019. The comprehensive enforcement and litigation statistics for FY 2019, which ended Sept. 30, 2019, are posted on the agency’s website, which also includes detailed breakdown of charges by state. The FY […]

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D.C. Circuit Court to Decide Fate of EEO-1 Pay Data Mandate

The EEO-1 Pay Data Collection saga continues and will resurface Friday before a panel of the U.S. Court Court of Appeals for the District of Columbia. The Obama-era Equal Employment Opportunity Commission (EEOC) originally ordered companies to submit pay data, broken down by sex and race, as part of their annual EEO-1 Report. (The EEO-1 […]

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Locked in a Freezer for Retaliation: Chipotle Must Pay

This from the National Law Review website (sounds pretty bizarre): Austin Melton, a manager at a San Jose Chipotle store who was 22 years old at the time, was forced to endure pervasive verbal and physical harassment by his female supervisor. His supervisor propositioned Melton and his then-girlfriend for sex, touched him inappropriately, and posted […]

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