In this third (and final) post of our mini-series based on the Equal Employment Opportunity Commission’s pay discrimination article, we’ll take a look at the barriers to pay equity identified by the EEOC and their suggestions for preventing pay discrimination. As previously noted, the EEOC issues a quarterly digest of EEO law that sometimes includes an article, like this one, providing insight into the EEOC’s approach to (and expansion of!) discrimination protections for employees. Again, while the EEOC’s article is focused on the federal workplace, many of their observations and action items are equally applicable to the private workplace. Our first post discussed pay discrimination claims under the Equal Pay Act and Title VII, and the second addressed the intersectionality and sex-plus discrimination theories. So now we move from the legal theories to the practical considerations.

Continue Reading The EEOC Speaks: Pay Discrimination – Barriers and Suggested Actions

In my first blog post in this little series based on the Equal Employment Opportunity Commission’s article “In Pursuit of Pay Examining Barriers to Equal Pay, Intersectional Discrimination Theory, and Recent Pay Equity Initiatives,” I covered the EEOC’s explanation of the difference between pay discrimination claims under the Equal Pay Act and Title VII. (As I explained last time, the EEOC issues a quarterly Digest of EEO Law that occasionally contains articles of interest to the private employer community. Prior articles that I’ve shared include those on fragmentation of harassment claims,  religious discrimination, comparing harassment prevention to crime prevention, and new types of race discrimination, among other things). In this post, we’ll review the EEOC’s take on intersectionality (one of the EEOC’s new favorite topics) and sex-plus discrimination in the context of pay discrimination claims.
Continue Reading The EEOC Speaks: Pay Discrimination – Intersectionality and Sex-Plus

On October 25, 2021, the Equal Employment Opportunity Commission updated its guidance document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, to address religious objections to COVID-19 vaccine mandates. In a new section to the guidance, the EEOC draws upon previously-existing guidance for religious exemptions generally. While there are no real surprises, the collection of information in the guidance document is helpful.
Continue Reading EEOC Issues Guidance On Religious Exemptions to COVID-19 Vaccine Requirements

In my next installment of what has turned out to be a series on the articles written by EEOC staff members for its quarterly Digest of Equal Employment Opportunity Law, I offer you some interesting tidbits from its most recent publication, addressing national origin discrimination under Title VII – a protected characteristic that is surprisingly wide in scope and, as the EEOC notes, often overlaps with race, color, or religious discrimination. As I noted in my blog post on the EEOC’s article on fragmentation of harassment, although these articles are targeted towards federal agencies, they offer private employers some insight as to the EEOC’s approach to these issues.

Continue Reading The EEOC’s Very Broad Approach to National Origin Discrimination and English-Only Policies

In my spare time (which has been limited during the pandemic, given the whirlwind of COVID-19-related legal developments), I like to peruse the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law. (Nerd alert!) In addition to summaries of recent EEOC decisions and federal court opinions, each digest contains an article that provides some insight into the EEOC’s position on a particular topic. Now while the articles are targeted towards federal agencies, they offer private employers a roadmap as to the EEOC’s thinking. We’ve blogged about prior articles on religious discrimination, remedies for discrimination, comparing harassment prevention to crime prevention, and new types of race discrimination, among other things. A recent article caught my eye – “Claims of Harassment and the Problem of Fragmentation.” (Well, that’s a new phrase to me!)

Continue Reading What Is Fragmentation of Harassment Claims? The EEOC Speaks

As distribution of the COVID-19 vaccine begins, the Equal Employment Opportunity Commission has modified its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws resource to address the impact of federal non-discrimination laws on an employer’s vaccine requirements. Of particular interest, the EEOC makes the following points with regard to the Americans with Disabilities Act, Title VII and the Genetic Information Nondiscrimination Act:

Notably, the EEOC emphasizes that federal antidiscrimination laws do not interfere with or prevent employers from following guidelines and suggestions from the CDC or other governmental public health authoritiesThe EEOC also refers employers to the FDA’s website for more information on the Emergency Use Authorization of COVID-19 vaccines, which differs from the normal approval process.

Continue Reading EEOC Provides COVID-19 Vaccine Guidance

The Equal Employment Opportunity Commission updated its What You Should Know About Covid-19 and the ADA, the Rehabilitation Act and Other EEO Laws resource to add Q&As about employers’ authority to require testing or ask questions about COVID-19 symptoms, confidentiality of COVID-19 diagnoses, and reasonable accommodations, as well as considerations for furloughs/layoffs, treatment of older workers. Most of this guidance was provided in the EEOC’s March 27 webinar and other resources.

Continue Reading EEOC Expands COVID-19 Guidance on Testing, Medical Inquiries, Confidentiality, Accommodations, and More

On August 5, 2020, the EEOC released technical assistance documents for employees and health care providers on opioid addiction and employment. The documents provide questions and answers about how the Americans with Disabilities Act (ADA) protects employees who use legal opioid medications or have past addiction to opioids. Of particular significance, the EEOC asserts that employees currently in treatment for opioid addiction are protected by the ADA – thereby officially endorsing a position that they have previously asserted on a less formal basis.

Continue Reading EEOC Says Employees in Opioid Treatment Are Protected by the ADA

Several federal agencies have recently issued additional COVID-19 guidance of interest to employers, including the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Small Business Administration (SBA). We summarize these developments below.

Continue Reading COVID-19 Agency Update: OSHA Issues Guidance on Reopening for Non-Essential Businesses; EEOC Addresses Antibody Testing and Reasonable Accommodations, Harassment and Discrimination; SBA Provides New PPP Application

Various federal agencies have recently issued additional COVID-19 guidance of significance (more or less) to employers, including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Federal Emergency Management Administration (FEMA). Some of this guidance applies to workplaces and employers generally, while others target specific industries, such as bars and restaurants, manufacturing, child care, schools, and mass transit. We summarize these developments below.

Continue Reading COVID-19 Agency Update: CDC and OSHA Issue Reopening Guidance, EEOC Explains Accommodation of High-Risk Workers, IRS Expands Employee Retention Credit, DOL Adds to FFCRA Q&As, FEMA Provides Exercise Starter Kit for Reopening