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UPDATE: Court Confirms that Employers Are to Provide Pay Data to EEOC by Sep. 30

On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. In addition, Judge Chutkan ordered the EEOC to collect a second year of […]

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Supreme Court to Consider Whether Title VII Covers LGBT Bias

On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation and transgender status. The decision will determine the issue that has […]

The EEOC Releases Enforcement and Litigation Data for Fiscal Year 2018

Yesterday, the United States Equal Employment Opportunity Commission (“EEOC”) released its Enforcement and Litigation Data for Fiscal Year (“FY”) 2018, which began October 1, 2017 and ended September 30, 2018. According to the data, the EEOC received 76,418 charges of workplace discrimination in FY 2018, with retaliation the most frequently filed charge, followed by sex, […]

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JL
Partner

EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data

The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. This […]

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical leave to be fully recovered and to work without any restrictions. According to the EEOC’s […]

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Public-Sector Employees Are Making Lemonade Out of Lemmons

Yesterday, the Supreme Court of the United States unanimously held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act (“the Act”) applies to state and local government employers, regardless of their size. The Act defines “employer” as “a person engaged in an industry affecting commerce who has twenty or more […]

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1 Reminder: Leave Can Be an ADA Reasonable Accommodation — Due in: Now

On February 1, the U.S. Equal Employment Opportunity Commission filed a lawsuit alleging that Tennessee-based West Meade Place LLP violated the Americans with Disability Act (“ADA”) when it denied an employee’s requested leave as a reasonable accommodation for her anxiety disorder. The employer subsequently discharged the employee when she did not provide a note from […]

EEOC Charges in Decline

Have a strengthening economy and declining unemployment numbers led to a decline in EEOC charges?  The most recent data strongly suggests a correlation between a tight labor market and the number of EEOC charges.  This week the EEOC released statistics on charges filed in its most recent fiscal year ending September 30, 2017.  Here are […]

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JL
Partner

Why Asking About Salary History Is Risky Anywhere

There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]

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EEOC May Halt Nationwide Pay Data Collection Efforts

Recently, the U.S. Equal Employment Opportunity Commission’s acting chairwoman, Victoria Lipnic, indicated that the agency may cease its efforts for nationwide pay data collection designed to eliminate the gender pay gap. The agency’s measure would have required most private employers with 100 or more employees to submit an annual EEO-1 form reporting pay for their […]

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