By Matthew J. Gagnon and Sarah K. Bauman
Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of employees who engage in EEO protected activity. Key for employers are the numerous examples of what the EEOC deems retaliation in this
By Andrew L. Scroggins and Alex W. Karasik
Seyfarth Synopsis: While businesses have shifted their operations to digital platforms over the last few decades, the COVID-19 pandemic has greatly accelerated the transformation of the workplace. One area where employers have looked to increase the efficiency of their hiring processes is through the use of artificial intelligence. The EEOC has been
Continue Reading A Look Into The Future: EEOC Announces Artificial Intelligence Initiative
By Matthew J. Gagnon and Tyler Z. Zmick
Seyfarth Synopsis: Following the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity and Equality. The EEOC contributed to the Strategy and supports its full implementation, suggesting that gender-related issues –
Continue Reading White House Releases First-Ever “National Strategy On Gender Equity And Equality”
By Benjamin J.Conley and Diane V. Dygert
Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine. See Did You Get Your Vaccine Yet… Your Employer May Offer You an Incentive, and Employers’ Mandating the COVID-19 Vaccine
Continue Reading Anti-Vax Tax Facts Legal Considerations for Premium Differentials Based on Vaccination Status
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges filed in over 20 years. For example, despite
Continue Reading A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged
By Karla Grossenbacher, Jennifer A.Kraft, and Benjamin J.Conley
Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination mandatory. Be sure to read our alert for more relating to legal considerations involved with a mandatory vaccination program. Other
Continue Reading EEOC’s New ADA Regulations Could Complicate Employer Plans’ Efforts to Offer Incentives for Getting the COVID Vaccine as Part of a Wellness Program
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 Pamela Q. Devata and Jennifer L. Mora
Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is effective immediately.
In 1998, Hawaii became the first state to “ban the box,” prohibiting a private
Continue Reading Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes
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
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