EEOC
The Return to the Office May Spur Harassment, ADA Claims
Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…
Read MoreService Animals and Emotional Support Animals in the US: What Do You Need to Know?
What obligations do businesses and, in particular, the air transport industry have in the US in relation to accommodating service and emotional support animals? Executive Summary Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public, like…
Read MoreOrdering All Employees Back to Work? Not So Fast, Says the EEOC
As vaccination rates increase and the COVID-19 pandemic (hopefully) subsides, many employers have instructed their employees to return to in-person work. But is that the right call for all employees? In one recent case, the U.S. Equal Employment Opportunity Commission (EEOC) has said no. Factual Background On September 7, 2021, the EEOC filed suit in…
Read MoreRequiring Proof of Vaccination? What You Need to Know
In connection with the recent surge in COVID-19 cases caused by the Delta variant, many businesses have begun to require that employees—and sometimes contractors, volunteers and patrons—provide proof of vaccination. This may come in the form of requests for voluntary disclosure, or in connection with employer vaccine policies, or pursuant to newly issued mandates from…
Read MoreMotorcycle Dealership Sales Manager Wins $500K in Sex Discrimination Suit
Backed by the U.S. Equal Employment Opportunity Commission, a female sales manager at a Harley-Davidson dealership based in Tampa, Florida, won $500,000 in punitive damages after being denied a promotion based on her sex, in violation of Title VII of the Civil Rights Act of 1964. A jury of eight unanimously found in her favor. According to…
Read MoreEmployers React to Workers Who Refuse Vaccination as COVID-19 Cases Rise
As mandatory COVID-19 vaccines become more widespread, many employers are asking what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine and others are requiring unvaccinated employees to submit to weekly testing and take other safety precautions. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that…
Read MoreEEOC’s Updated Guidance on COVID-19 Vaccines in the Workplace Impacts Employer Approaches for Compliance with CDC Guidance and State and Local Require
Employers―and particularly those operating in multiple states―should be mindful of how the updated guidance impacts their efforts to comply with state requirements. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance on workplace COVID-19 vaccination issues under the federal EEO laws. The updated guidance is important for employers to consider in…
Read MoreInterview Icebreakers Can Land You in Hot Water
Breaking the ice during job interviews without breaking the law is tougher than it sounds. Personal questions at job interviews are risky, legal experts say; they recommend interviewers stick to job-related inquiries, which are a safer way to build rapport. However well-intentioned, questions about children and where a job applicant is from, among other questions,…
Read MoreEEOC Greenlights Coronavirus Vaccine Requirements, Incentives — With Some Limits
Federal equal employment opportunity laws do not prohibit policies requiring that all employees who physically enter a workplace receive a COVID-19 vaccination, so long as such policies comply with the reasonable accommodation provisions of the Americans with Disabilities Act and Title VII of the Civil Rights Act as well as other applicable laws, according to…
Read MoreEmployers Should Start Preparing Their EEO-1 Reports Now
After a long delay due to the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has opened the EEO-1 portal for employers to submit demographic data about their workforces. Businesses with 100 or more employees and some federal contractors with at least 50 employees must submit an annual EEO-1 form, which asks for information from…
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