By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On November 2, 2020, the EEOC held its first public meeting of its fiscal year, and the first meeting with its three new commissioners. The public meeting was held so that the Commission could consider a proposed memorandum of understanding (“MOU”)
Continue Reading EEOC Update: The Commission Holds Public Meeting On Cooperation Between EEOC, DOJ, And DOL

By Loren Gesinsky and Samuel I. Rubinstein

Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. On September 8, 2020, the EEOC answered “no” to this burning question in its
Continue Reading Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and other EEO laws to employers continuing to face the struggles
Continue Reading EEOC Update: The Commission Offers Updated COVID-19 Guidance To Address Additional ADA Considerations

Seyfarth Synopsis: Today we will begin posting a monthly summary of our employment law blogs, as a way to keep you connected and aware of our latest thought leadership. As always, readers are encouraged to reach out to our authors with any comments or questions raised from the blog.

Heat Illness – A Phantom Menace: Sweatt Blogs on
Continue Reading July Roundup of Employment Law Lookout Blogs

By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents as a result of the COVID-19 pandemic in
Continue Reading EEOC Update: The Commission Resumes Issuance of Charge Closure Documents

By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On July 7, 2020, the EEOC announced in a press release two new six-month pilot programs aimed at increasing voluntary resolutions of discrimination charges. One of the new programs seeks to increase the effectiveness of the conciliation process at the Commission,
Continue Reading EEOC Update: The Commission Announces Two New Pilot Programs For Conciliation And Mediation Processes

By Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon

Seyfarth Synopsis:  The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19. The most recent update adds significantly to the EEOC’s position on how
Continue Reading Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

By Karla Grossenbacher

Seyfarth Synopsis: During the COVID-19 crisis, employers are being thrust into situations in which they inquiring into and monitoring the private lives of their employees in unprecedented ways.  However, employees still have privacy rights and, even though some intrusions upon employee privacy are warranted during the pandemic, employers need to beware of unintended consequences of legally
Continue Reading COVID-19 and Workplace Privacy: Employers Beware

By Steve Shardonofsky and Alex S. Oxyer

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview process cast doubt on the selection criteria and the purported reason(s) the plaintiff was not hired. The case —
Continue Reading Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process and Selection Criteria

By Gerald L. Maatman, Jr. and Matthew Gagnon

Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The
Continue Reading EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act