Microchips Aren’t Just for Pets: Tracking Employees and Wearable Technology
In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well, just check the chip, didn’t you chip her? Our dog got...
View ArticlePronoun War: What Trump EEOC’s Erasure of ‘Gender Ideology’ Means for Some...
In his first few weeks in office, President Donald Trump has demonstrated that one of his key policy initiatives is the elimination of what some call “gender ideology,” or the recognition of gender...
View ArticleEEOC Steps Up Pregnant Workers Fairness Act Enforcement
On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of...
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The EEOC Has a 3-1 Democratic Majority
With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any...
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3 Steps Employers Can Take to Promote Pay Equity Through Data and Transparency
Over the last decade, numerous laws have been enacted across the U.S. to advance pay equity and transparency in the workplace. Pay data reporting laws, in particular, have gained significant momentum,...
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EEOC Offers Employers a Hobson’s Choice on Employee Training
Training. Training, training, training. We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a...
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Case Study: Harassment and Discrimination Aren’t Rocket Science
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a...
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Excited About the Potential of AI? Don’t Forget Legal Compliance
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the...
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17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations
On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant...
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Employer in Deep Sheetz Over Criminal History Check
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s (EEOC) intention to challenge how employers use arrest and conviction records to make hiring...
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EEOC Issues Final Harassment Guidance
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most...
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Remember Your Obligations When Religion and DEI Training Collide
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included...
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New EEOC General Counsel Calls Bias Damages Caps ‘Unacceptable’
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws...
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Answers to Questions About Upcoming EEO-1 Reporting
It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The...
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EEOC’s Pregnancy Accommodation Regulations Are Broader Than You Think
Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a...
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Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme...
Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the...
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Artificial Intelligence Use Continues to Rise in Employment
As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment...
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Artificial Intelligence Use Continues to Rise in Employment
As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment...
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What to Expect from the EEOC in 2024
In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner...
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Planning for Workforce Reductions in an Age of Inflation
With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance...
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