Discrimination or Retaliation

The Equal Employment Opportunity Commission (EEOC) announced that it will delay the anticipated opening of the 2019 EEO-1 Component 1 (aka EEO-1 report) data collection and the 2020 EEO-3 and EEO-5 data collections due to the COVID-19 pandemic.

The EEO surveys collect data from employers on diversity statistics. The EEOC said that employers can delay

As employers transition to return to work and return to in-office work, there will be employees who will be fearful of a return to work due to the risk of contracting COVID-19 in the workplace. How do employers handle those requests?

The employee fears contracting COVID-19 but has no underlying special risk factors

For those

According to the EEOC’s updated guidance, during the course of the coronavirus/COVID-19 pandemic, employers may use the “direct threat” exception to conduct medical tests of employees entering the workplace.

Ordinarily, an invasive antibody test or infection test for COVID-19 would be an impermissible medical examination under the Americans with Disabilities Act (ADA). However, this medical

The EEOC released additional guidance on the types of questions employers can ask about symptoms and diagnosis and handling COVID-19-related information. This information is important for those “essential” businesses continuing to operate and keep their employees safe.

What can employers ask when an employee calls in sick?

Employers may ask if the employee has symptoms

The federal Equal Employment Opportunity Commission (EEOC) released its fiscal year 2019 data on charges filed with the agency. For the fiscal year that ended September 30, 2019, there were 72,675 charges filed nationwide. The most frequently filed charge basis continues to be retaliation–representing 53.8% of all charges (39,110 charges). Retaliation was followed by disability

Chief Justice John Roberts is worried that lowering the bar for proving intent for age discrimination could result in social media memes becoming key indirect evidence of discriminatory intent.

On January 15, 2020 in oral argument, when the plaintiff in Babb v. Wilkie suggested that showing that age was a “motivating factor” in an employment

The federal Department of Labor finalized regulations–to take effect in March 2020–loosening the test for joint employment. Employers that rely heavily on temporary and/or staffing agencies for workers and businesses that have franchisor-franchisee contracts will find some relief in the new test. Recall that the Obama administration in 2016 expanded joint employment liability through a

OFCCP published an updated Federal Contract Compliance Manual (FCCM) on December 30, 2019. Federal contractors and subcontractors should take notice of the changes. All businesses should use this as a reminder to review contracts and purchase orders and re-determine whether they are a covered federal contractor or subcontractor with affirmative action obligations.

Notable changes in

A local diner in Florida scheduled an applicant for an interview for a server position. When she disclosed her pregnancy, they told her not to come to the interview. Her boyfriend took to social media and posted a screenshot of the written Facebook messenger discussion between the diner and his pregnant girlfriend (side).

His posting