EEOC’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…

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Interview 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,…

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Employers 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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Employers React to Workers Who Refuse a COVID-19 Vaccination

As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…

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It’s Time Again for Employers to Ensure Handbook Compliance

It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when…

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EEOC: IHOP Manager Conditioned Leave, Scheduling on Accepting Sexual Advances

A manager at a Frederick, Maryland, IHOP restaurant subjected women, including teen workers, to sexual harassment in violation of Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission charged in a lawsuit. EEOC said the manager subjected female employees to unwanted advances and touching, sexual comments and intrusive questions about their…

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Employers Paid $439M to Resolve EEOC Discrimination Claims in 2020

Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…

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Check Your Call-In Policies

A recent Third Circuit Court of Appeal decision provides great guidance on what a good call-in policy can look like. In this case the employer, Penn State Health, utilized a call-in policy that required employees to make twocalls when they wanted to request FMLA leave: First, an employee had to call to a designated “call-off” line,…

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