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

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

EEOC Updates COVID-19 Guidance for COVID-19 Testing and ADA Accommodations

On September 8, the EEOC updated its guidance with respect to what employers should know about COVID-19, the ADA Rehabilitation Act, and other EEO laws. Generally, the updates act to clarify previously taken positions of the EEOC.Two of the important clarifications involve the EEOC’s position on administering COVID-19 tests to employees, and an employers’ ability… Continue reading EEOC Updates COVID-19 Guidance for COVID-19 Testing and ADA Accommodations

Supreme Court Rules Title VII Prohibits LGBTQ Discrimination

The Civil Rights Act of 1964, which includes Title VII, prohibits employment discrimination against employees because of race, color, national origin, religion, and sex. Today, the Supreme Court issued its long-awaited decision in a trio of cases that tested the question of whether Title VII’s existing ban on discrimination “because of… sex” includes discrimination because… Continue reading Supreme Court Rules Title VII Prohibits LGBTQ Discrimination