The EEOC updated its Q&As on COVID-19 and the pandemic in light of the ADA and Rehabilitation Act. The highlights are as follows:

  • Employers may:
    • Require accurate and reliable COVID-19 tests in order to decide who may return to work when employees will be physically entering the workplace.
    • Ask employees who will be physically

The EEOC released two new guidance documents for employers on handling opioid abuse and addiction in the workplace. The first, Use and Misuse of Codeine, Oxycodone, and Other Opioids: Information for Employees, is intended for employees and describes what is and is not a covered disability. This guidance document makes it clear that the Americans

EEOC charge data graph

The chart above illustrates charge filing data for fiscal year 2019. Retaliation charges continue to dominate EEOC charge filings. Following closely behind are disability, sex, and race discrimination charges. This should continue to serve as a reminder not to turn an otherwise meritless charge or complaint of discrimination into a good retaliation claim or charge

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

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

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