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 DeGroffMatthew 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 Oluwafunmito (“Funto”) P. Seton and Linda Schoonmaker

Seyfarth Synopsis: In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible for damages as opposed to just equitable relief. In a recent decision
Continue Reading Recent Decision Clarifies the Legal Framework for EEOC’s Pattern-Or-Practice Lawsuits under Section 706

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

Seyfarth Synopsis: With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,” with dozens of lawsuits filed in
Continue Reading The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

By Paul Galligan, Joanna S. Smith, and Meredith-Anne Berger

Seyfarth Synopsis: The EEOC has increased penalties for failure to post notice violations under Title VII, the ADA and GINA by 150%. The increase will go into effect on July 5, 2016.

While an array of well-publicized cases under federal discrimination laws have made employers well aware of
Continue Reading Post Haste: EEOC Increases Penalties for Posting Violations

By Paul Kehoe and Larry Lorber

Last month, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here).  This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives under the Americans with Disabilities
Continue Reading Progress, But Also Perpetuated Errors, In The EEOC’s Proposed GINA Rule Regarding Wellness Program Incentives

By: Paul H. Kehoe and Lawrence Lorber

EEOC-logo2-150x150Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans with Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient Protection and Affordable Care Act

Continue Reading The EEOC’s Proposed Wellness Plan Regulation: Some Progress, But Issues Persist

As you may remember, our colleague Paul Kehoe has written recently about wellness plans on the Employment Law Lookout, here and here.

Today, Paul testified before Congress on this very topic. The hearing was scheduled to begin at 10:00 a.m. ET. More details on the hearing can be found here. Paul’s written testimony is available here.

We
Continue Reading Seyfarth Attorney Paul Kehoe’s Congressional Testimony on Wellness Plans

By: Paul H. Kehoe

On March 2, 2015, U.S. Senate Committee on Health, Education, Labor & Pensions Chairman Lamar Alexander (R-Tenn.) and U.S. House of Representatives Education and the Workforce Committee Chairman John Kline (R-Minn.) introduced companion bills entitled “Preserving Employee Wellness Programs Act.” The legislation, found here, was cosponsored Sens. Mike Enzi (R-Wyo.), Johnny Isakson (R-Ga.), Tim Scott
Continue Reading A Proposed Fix For Wellness Plans

By Pamela Quigley Devata, Paul Kehoe, and Craig B. Simonsen

The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just announced two short guides on employment background checks: Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know.  The documents were not subject to Commissioner review
Continue Reading FTC and EEOC Publish Guide for Employers on Background Checks in Hiring