On March 4, 2019, a federal court overturned an agency-ordered delay of EEO-1 pay data rules. The rules will require employers with 100 or more employees to submit wage and hour information for employees in addition to data already required by the EEO-1 survey. The EEO-1 survey in its current form collects employment data from Read more
The New York City Commission on Human Rights (NYCCHR) has released new enforcement guidance to let businesses covered by the city’s Human Rights Law know that the agency understands racial discrimination to include discrimination on the basis of hair style or texture. The guidance document specifically focuses on grooming or appearance policies which “ban, limit, Read more
The federal Equal Employment Opportunity Commission (EEOC) has announced that it will delay the filing deadline for the submission of the EEO-1 survey. Companies which are required to submit EEO-1 data usually receive a postcard with log-in information in early January, but a record-setting shutdown which shuttered “non-essential” government functions starting in December of 2018 Read more
On February 26, 2018, the 2nd Circuit Court of Appeals became the second federal appeals court to hold that sexual orientation discrimination is sex discrimination under the federal law which prohibits employers from making employment decisions based on sex. The 10-3 decision follows on the heels of the 7th Circuit, which in 2017 became the Read more
In the latest move towards modernization from the federal government, the U.S. Equal Employment Opportunity Commission (EEOC) has just launched a new nationwide system, the EEOC Public Portal, to allow individuals to submit and track information about potential discrimination claims online. The system underwent a soft launch in five EEOC field offices prior to its Read more
Those who hoped that the new administration would bring “certainty” for employers are probably a bit disappointed right now, as the most recent move from the federal government raises more questions about protections for transgender employees under federal law. On Wednesday, the U.S. Department of Justice (DOJ) released a memo which resets federal policy on Read more
On August 29, 2017, the Office of Management and Budget (OMB) issued a memorandum calling for a review and immediate stay on the effectiveness of new EEO-1 data submission requirements. These requirements, finalized in September of 2016, called for revisions to the EEO-1 compliance survey which collects information on race, ethnicity, and gender distribution within Read more
Veterans Day won’t be observed until November 11, but veterans are already having their day in the state of Tennessee! As of March 22, 2017, private employers who wish to establish a preferential hiring policy for veterans may do so under a new state law. Although a similar bill failed back in 2015, during the Read more
The United States Court of Appeals for the Fifth Circuit recently reversed a lower court’s decision regarding applicable statutes of limitation on hostile work environment allegations, reminding employers (as well as judges for inferior courts) that some Title VII claims can have a long shelf life due to their status as “continuing violations” rather than Read more
In 2016, the Equal Employment Opportunity Commission (EEOC) simultaneously released its Final Rules on Employer Wellness Programs in relation to Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA). These rules apply to employers who offer wellness programs (including those administered by a third-party, such Read more
