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CDC Issues Guidance Warning Against Use of Antibody Testing in Making Decisions Regarding Returning Employees to the Workplace

CDC LogoThe CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is primarily directed at clinical and public health entities, it does contain some information relevant to employers, educational institutions, and other entities who may be considering whether and to what extent such antibody testing may play … Continue Reading

EEOC Updates Its COVID-19 Guidance

On June 17, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing necessary considerations for employers that have employees returning to the workplace who are at higher risk for more severe illness due to COVID-19. This update supplemented the agency’s earlier guidance regarding best practices for diagnostic testing of employees, and the … Continue Reading

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit reversed a one-sentence Texas district court ruling, which dismissed with prejudice the Equal Employment Opportunity Commission’s (“EEOC”) complaint alleging violations of … Continue Reading

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

Coronovirus**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories.  The WHO … Continue Reading

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that agreements requiring mandatory arbitration of discrimination claims as a condition of employment are contrary to the principles of the federal employment discrimination statutes. In … Continue Reading

EEO-1 Component 2 Reports Are Still Due September 30, But….

Employers have been furiously working to prepare their EEO-1 Component 2 submissions by the September 30 deadline.  Some employers who underestimated the task have asked us whether the EEOC’s submission portal will remain open after September 30 in case they are unable to complete their submissions in time.  Until now, our response has been “maybe.” … Continue Reading

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

The EEOC announced today, September 12, 2019, that it “is not seeking to renew Component 2 of the EEO-1” in a notice published on the Federal Register. As we have previously reported, Component 2 of the EEO-1 report requires employers with over 100 employees to report its employees’ compensation and hours worked (sorted by pay … Continue Reading

U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits

In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement.  The key takeaway for employers … Continue Reading

The EEO-1 Saga Continues — An Appeal, Additional Requirements, and More…

Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred to as “Component 2 data”), in a series of rulings. Judge Tanya Chutkan reinstated the obligation. Since then, employers have been reading … Continue Reading

EEOC Issues Statement Regarding EEO-1

On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et … Continue Reading

EEOC Opens EEO-1 Portal and Issues Statement On EEO-1

As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval of … Continue Reading

Proskauer Delivers #MeToo Webinar With EEOC Commissioner Feldblum

EEOC sealOn September 5th, Proskauer partner Steve Pearlman had the honor of delivering a webinar with EEOC Commissioner Chai Feldblum, which Proskauer senior associate Danielle Moss moderated.  Commissioner Feldblum is the co- of the EEOC’s report on rebooting harassment prevention. The webinar focused on how the #MeToo movement has impacted workplace dynamics and discussed innovative solutions … Continue Reading

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral 凯发国际版homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex and therefore prohibited under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case … Continue Reading

2017 Form EEO-1 Survey Now Available

EEOC sealYesterday, the 2017 EEO-1 Survey became available.  Private employers with 100 or more employees and federal government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports. As you may recall, last year the U.S. Equal Employment Opportunity Commission (“EEOC”) attempted to revise the Form EEO-1 … Continue Reading

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

Leave of absence formIn a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to provide an employee with a long-term medical leave of absence.  Indeed, the court found that “a long-term leave of absence … Continue Reading

[Podcast]: The Proskauer Brief: The Challenges and Pitfalls Surrounding Requests for Multiple Medical Leaves of Absence

In this edition of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence. We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws. We will also discuss a recent decision from the Seventh … Continue Reading

Illinois Passes Religious Garb Law Clarifying Religious Protections Under Illinois Human Rights Law

On August 11, 2017, Illinois Governor Bruce Rauner signed into law Public Act 100-100, known as the “Religious Garb Law.”  The law amends the Illinois Human Rights Act (“IHRA”) by clarifying the scope of protection for sincerely held religious beliefs. Specifically, the amendment makes clear that it is a violation of the IHRA for an … Continue Reading

Seventh Circuit: EEOC May Continue Investigation After Dismissal of Private Lawsuit

The Seventh Circuit recently concluded that the EEOC’s investigative powers do not end when a lawsuit related to the originating charge ends.  EEOC v. Union Pacific, No. 15-cv-3452 (Aug. 15, 2017). Background.  Two former railroad employees alleged race discrimination and retaliation in EEOC charges, asserting that they were not permitted to take an advancement test … Continue Reading

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

EEOC sealOn July 13, 2017, the House Committee on Appropriations signaled what could be a devastating blow to the future of the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  As you may recall, in February 2016, the EEOC released a rule – which was later revised – to amend the Form EEO-1.  The new rule … Continue Reading

UPDATED: EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

EEOC sealThe EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  … Continue Reading

EEOC Issues Publication on Rights of Applicants and Employees with Mental Health Conditions Under the Americans with Disabilities Act

EEOC sealThe EEOC has issued a new publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights” aimed at informing applicants and employees with mental health conditions of their employment rights under the Americans with Disabilities Act (“ADA”). The publication presents a series of questions and answers regarding applicants’ and employees’ … Continue Reading
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