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Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses […]

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EEOC Weighs In On The Coronavirus

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) weighed in and provided guidance on the Coronavirus for employers. Click here to access the EEOC’s update and here to access the EEOC’s guidance on Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. In sum, the EEOC emphasizes that employers should still be cognizant […]

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Is Your Website Accessible? Number of ADA Title III Lawsuits on the Rise

As a society, we have become dependent on the internet for retail purposes. Companies from Amazon to Winn-Dixie sell their products on websites aimed at consumers and those websites are critical to revenue. Internet retail isn’t limited to Fortune 1000 companies. Even small businesses are building websites to reach more customers over a broader geographic […]

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EW
Former Partner

EEOC Changes Policy on Mandatory Arbitration

This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as a condition of employment were contrary to the fundamental principles of the federal anti-discrimination statutes, including the right to pursue discrimination claims […]

BH
Of Counsel

EEO-1 Deadline Extended

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it is extending indefinitely the September 30, 2019 deadline for eligible employers to submit their EEO-1 Component 2 reports. For more information on the Component 2 requirement, click here. In a status report filed on September 27, 2019, as part of litigation surrounding the compensation […]

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EEO-1 Deadline: Reporting Wage Information

Pay data reporting is on the way for employers. This is particularly true as momentum around equal pay continues to build. At the federal level, on September 30, 2019, the EEOC is requiring employers to provide additional employment data on EEO-1 reports, including information on pay and hours worked, broken down into 12 pay bands, […]

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EW
Former Partner

The Customer is Not Always Right: Sex Museums and Harassment

New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons.  The plaintiff’s complaint alleges that “[p]atrons and co-workers of the Museum grope its employees, use utterly inappropriate sexual language, and […]

SP
Former Associate

Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It

On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without the complainants having first brought their claims to the United States Equal Employment Opportunity Commission […]

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UPDATE: Employers Must File EEO-1 Reports for 2017 and 2018

The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30.  The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found here. As we previously reported on here and here, Judge Tanya Chutkan had directed the […]

AJ
Former Associate