In mid-October, the EEOC released its “Know Your Rights – Workplace Discrimination is Illegal” poster to replace the previous “EEO is the Law” poster. The new poster is available on the EEOC’s home page at eeoc.gov, or under the employers/small business tab. The updated poster includes straightforward language and formatting, and: a QR code that… Continue reading EEOC Overhauls “Know Your Rights” Poster
Tag: EEOC
Federal Court in Texas Rolls Back LGBTQ Rights Outlined in EEOC Guidance
In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sex included discrimination based on sexual orientation and sexual identity. Notably, the Court did not address whether its ruling would have any impact on workplace rules governing pronoun usage, bathrooms, locker rooms, and dress codes. In 2021, the Equal… Continue reading Federal Court in Texas Rolls Back LGBTQ Rights Outlined in EEOC Guidance
Software, Algorithms, and Artificial Intelligence: New EEOC Guidance for Employers
It’s the year 3022: you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant resumes… Continue reading Software, Algorithms, and Artificial Intelligence: New EEOC Guidance for Employers
EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
On November 17, 2021, the EEOC updated its COVID-19 technical assistance to include a section covering retaliation. This guidance mostly recaps existing retaliation protections, but it does provide some helpful examples of retaliation springing from the COVID-19 context. Retaliation is consistently one of the most frequently pled claims with the EEOC and corresponding state antidiscrimination… Continue reading EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
Discriminating Droids: What Employers Should Know About Artificial Intelligence
A growing number of employers are beginning to turn to artificial intelligence to help make hiring decisions. Although some programs may sound like science fiction, they are already being used by companies. For example, some online systems search social media profiles for desirable characteristics to identify candidates for positions. Others use keyword searches of resumes… Continue reading Discriminating Droids: What Employers Should Know About Artificial Intelligence
EEOC Sues Employer for not Accommodating COVID-Related Telework Request
On September 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against ISS Facility Services, Inc., a workplace experience and facility management company headquartered in Texas, alleging violations of the Americans with Disabilities Act (“ADA”). This case marks the agency’s first disability accommodation lawsuit connected to the COVID-19 pandemic, and it is one… Continue reading EEOC Sues Employer for not Accommodating COVID-Related Telework Request
Marking One Year of Bostock: EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination
A year ago, the Supreme Court deemed it unlawful to otherwise discriminate against individuals based on their sexual orientation or gender identity in Bostock v. Clayton County, Georgia, a decision that has become a historic milestone for LGBTQ+ rights. The Court explained that an employer who discriminates based on sexual orientation or transgender status necessarily discriminates… Continue reading Marking One Year of Bostock: EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination
Tips to Understand, Prepare for the CROWN Act
Have you heard of the CROWN Act? No, it isn’t a popular TV streaming series about Queen Elizabeth II. The CROWN Act is a new antidiscrimination law sweeping the nation, and it could be coming to a legislature near you soon. What Sparked Movement To Protect Race-Based Hairstyles The Creating a Respectful and Open World… Continue reading Tips to Understand, Prepare for the CROWN Act
EEOC Issues COVID-19 Guidance
On December 16, the EEOC released new COVID-19 vaccine guidance. As predicted, the new guidance generally allows employers to require employees to receive COVID-19 vaccines. But, as the EEOC explained, employers that require employees to receive COVID-19 vaccines must make exceptions for disabilities and sincerely held religious beliefs, in accordance with the Americans with Disabilities… Continue reading EEOC Issues COVID-19 Guidance
Judging the Sincerity of Religious Beliefs
In many situations, the question of whether an employee’s request for a religious accommodation is tied to sincere religious beliefs is not at issue. Instead, employers simply need to assess whether they can provide the accommodation without causing an undue hardship. Where an employer does question whether the employee sincerely holds those beliefs—an issue that… Continue reading Judging the Sincerity of Religious Beliefs
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