Earlier today, for the first time in over 25 years, the federal Equal Employment Opportunity Commission (EEOC) updated its enforcement guidance on unlawful workplace harassment. Though not legally binding, this new guidance makes clear how the EEOC will enforce federal anti-harassment laws under the current administration. The EEOC’s new guidance provides clarity — and… Read More
Posts Tagged With: EEOC
Can employers mandate the vaccine? Yes. Should they? That is a different question.
Employers have had to navigate the ever-changing regulations and laws regarding employment during the COVID-19 pandemic. From ensuring safe workplaces, to complying with reporting regulations, to dealing with leaves of absence, employers have had to stay on top of COVID-19 regulations while continuing to run their businesses. Now, employers are facing yet another challenge –… Read More
California Issues New Regulations Limiting Employers’ Use of Criminal History in Hiring Decisions
Back in 2012, I blogged about the federal EEOC adopting strict guidelines that limited an employer’s ability to make hiring decisions based on an applicant’s criminal history. You can find my 2012 blog post here. In the aftermath of the EEOC issuing its new guidelines, many local jurisdictions began debating whether to adopt “ban the… Read More
EEOC Issues Enforcement Guidance on Workplace Retaliation
On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) published its Enforcement Guidance on Retaliation and Related Issues. The EEOC’s new enforcement guidance is critical for all employers because it states clearly the EEOC’s intention to more vigorously enforce federal anti-retaliation laws. It also provides employers with some helpful guidance for avoiding liability for retaliation… Read More
EEOC Issues Long-Awaited Report on Harassment in the Workplace
In January 2015, the federal Equal Employment Opportunity Commission (“EEOC”) established a special task force to study harassment in the workplace. That task force spent a year and a half studying the “myriad and complex issues” involved in workplace harassment. Last month, the EEOC task force published their formal findings and employer recommendations. By way… Read More
U.S. Supreme Court Clarifies Standard for Proving Religious Discrimination
On June 1, 2015 the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch that, for an employee to successfully prove a religious discrimination case, that employee need only prove that his/her need for an accommodation was a “motivating factor” in the employe’s adverse employment decision. There is no requirement that the employee prove… Read More
U.S. Supreme Court Puts New Limits on Harassment Claims under Title VII
Back in 1998, the U.S. Supreme Court announced two important decisions that clarified the scope of an employer’s liability for workplace sexual harassment under Title VII. These two cases are Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and they announced the rule that continues… Read More
EEOC Sues Employers for Making Hiring Decisions Based on Criminal Background Checks
A little over a year ago, I told you that the EEOC published new guidelines for how an employer should (1) handle inquiries into an applicant’s prior arrests and convictions, and (2) make employment decisions based on an applicant’s prior criminal record. You can find my blog post from May 1, 2012 here. Not surprisingly,… Read More
EEOC Issues Guidance on Employers’ Use of Criminal Records in Hiring
The Equal Employment Opportunity Commission (EEOC) recently published new guidelines for how employers should (1) handle inquiries into arrest and criminal conviction records of applicants and employees, and (b) make employment and hiring decisions when criminal backgrounds are part of the consideration. The full text of the EEOC’s Enforcement Guidance Memorandum 915.002 is available here…. Read More
EEOC Says Transgender Applicants and Employees Protected Under Title VII
On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency has extended Title VII’s prohibition on sex discrimination… Read More
