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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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The Equal Employment Opportunity Commission Changes Its Internal Procedures For Selecting Which Cases To Litigate
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, … Continue reading
Department of Justice Affirms Employers’ Ability to Mandate Vaccines
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which … Continue reading
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
Posted in ADA, EEOC, Snell & Wilmer
| Tagged ADAAA, EEOC Guidance, GINA, voluntary wellness program
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Pregnancy Likely to Be Added to Short List of Required Employment Accommodation
Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc. Currently, only two federal discrimination laws go further and, not only … Continue reading
Posted in Discrimination, EEOC, Reasonable Accommodation
| Tagged Accommodation, EEOC Guidance, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation
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EEOC Announces Conclusion of Conciliation and Mediation Pilot Programs
Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot program here. As part of the mediation pilot program, and … Continue reading
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
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
Posted in ADA, EEOC, Snell & Wilmer
| Tagged Coronavirus, COVID-19, EEOC Guidance
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COVID-19 & OSHA: Taking the Body Temperatures of Employees
The Equal Employment Opportunity Commission (“EEOC”) recently issued guidance giving employers the green light to take employees’ body temperatures in an effort to mitigate the spread of COVID-19 in the workplace. Should an employer decide to implement such measures, there are possible … Continue reading
Posted in OSHA, Snell & Wilmer
| Tagged Coronavirus, COVID-19, EEOC Guidance, OSHA
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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 … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
| Tagged ADAAA, Coronavirus, EEOC Guidance, Rehabilitation Act
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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 … Continue reading
Posted in Discrimination, EEOC, Uncategorized
| Tagged Civil Rights, EEOC charge, EEOC Guidance, Harassment, Museum, New York, Sex Museum, Sexual Harassment, Title VII
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