Tag Archives: EEOC

Giving Birth to Federalized Pregnancy Accommodation Standards: Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act

Photo of Amanda Van Hoose GarofaloPhoto of Delores ChichiBy Amanda Van Hoose Garofalo and Delores Chichi on Posted in ADA, EEOC
Modeled after the Americans with Disabilities Act (ADA) and enforced by the Equal Employment Opportunities Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) was passed with bipartisan congressional support as a component of the 2023 omnibus spending bill and signed by President Joe Biden on Dec. 29, 2022. The PWFA expands and federalizes pregnant employees’ … Continue Reading

The EEOC Issues Updated Guidance on Workplace COVID-19 Testing

Photo of Matthew BergerBy Matthew Berger on Posted in COVID-19, EEOC
Until recently, employers had broad discretion to determine whether their employees were required to take COVID-19 tests prior to entering the workplace. However, newly released guidance from the U.S. Equal Employment Opportunity Commission (EEOC) notes that, as of July 12, 2022, employers must show that mandatory COVID-19 testing is “job-related and consistent with business necessity.”… Continue Reading

EEOC Releases Technical Assistance Documents Regarding Opioid Addiction and the ADA

Photo of Amanda Van Hoose GarofaloPhoto of Priya AminBy Amanda Van Hoose Garofalo and Priya Amin on Posted in ADA
On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released two technical assistance documents addressing opioid addiction and employment. The EEOC defines opioids to include prescription drugs such as codeine, morphine, oxycodone, hydrocodone, meperidine, buprenorphine and methadone, as well as illegal drugs like heroin. Employee Guidance The first document is guidance for employees … Continue Reading

State Court Asked to ‘Weigh In’ on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law

Photo of Jacob A. BrunerBy Jacob A. Bruner on Posted in EEOC, Health & Wellness
On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. … Continue Reading

EEOC Issues New Enforcement Guidance On National Origin Discrimination

Photo of Fanny FerdmanPhoto of Amanda Van Hoose GarofaloBy Fanny Ferdman and Amanda Van Hoose Garofalo on Posted in Discrimination, EEOC
On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has anything to do with increased ethnic tensions in the wake of the presidential campaign and election results. Some also recognize that in … Continue Reading

New EEOC Equal Pay Reporting Proposal

Photo of Ashley SchachterPhoto of Kevin ShaughnessyBy Ashley Schachter and Kevin Shaughnessy on Posted in EEOC
On January 29, 2016, the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) announced its proposed addition of pay data to currently required EEO-1 reports. The announcement has been the subject of much speculation for employers and attorneys, with many dreading an additional layer of administrative expenses for … Continue Reading

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon Faulty Statistical Analysis

Photo of Pat MuldowneyBy Pat Muldowney on Posted in Background Checks
On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to its lawsuit alleging that an employer’s background check program violated Title VII of the Civil Rights Act of 1964. EEOC v. … Continue Reading

Court Dismisses EEOC’s Attack on Severance Agreements, But Not on the Merits

Photo of Todd LebowitzBy Todd Lebowitz on Posted in EEOC, Retail
The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No. 1:14-cv-863 (N.D. Ill. Oct. 7, 2014). On October 7, 2014, Judge Darrah released the Court’s written opinion granting summary judgment to CVS, … Continue Reading

Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on Pregnancy Discrimination

Photo of Amy J. TraubBy Amy J. Traub and Laura Scully on Posted in Discrimination, EEOC
The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s Questions and Answers about the Guidance, it “updates prior guidance on this subject in light of legal developments over the past thirty years.” This Guidance comes as little surprise. … Continue Reading
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