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…
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,…
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…
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…
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…
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…
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),…
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…
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…
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…