Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). … Continue reading

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Show Them the Money: Colorado’s New Equal Pay Law

Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of … Continue reading

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EEOC Issues Proposed Rule to No Longer Keep Employers in the Dark as to Cause Finding and Conciliation Demand

Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may … Continue reading

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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions … Continue reading

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Colorado Enacts the “Healthy Families and Workplace Act”

The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe time; and 3) … Continue reading

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Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII

Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading

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A Summary of the EEOC’s New COVID-19 Guidance

The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses: D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who … Continue reading

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Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number … Continue reading

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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 … Continue reading

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Ninth Circuit Confirms That FCRA Disclosure May Be Included as Part of Employment Packet

Recently, the Ninth Circuit delivered what may be considered good news for employers on the Fair Credit Reporting Act (“FCRA”) front. On April 24, 2020, the Ninth Circuit held that an employer does not violate the stand-alone disclosure requirement when … Continue reading

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