On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) published a new poster entitled “Know Your Rights.”  This new poster replaces the previous “Equal Employment Opportunity Is the Law” poster.  All employers subject to federal EEO laws must display the “Know Your Rights” poster on their premises in a conspicuous place.  The EEOC encourages employers to post it online as well.  An exclusively digital posting of “Know Your Rights” is permissible, but only if the employer does not have a physical location or its employees work remotely and do not come into the office regularly.
Continue Reading EEOC Releases New Mandatory Workplace Poster

On December 14, 2021, the EEOC updated its guidance entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on how the definition of disability applies to COVID-19.  The section includes helpful Q and A addressing when COVID-19 becomes an actual disability.
Continue Reading EEOC Updates Guidance To Address Whether COVID-19 Is a Disability

If there is anything we have learned from the COVID-19 pandemic, it is that the more things stay the same, the more they change.  That’s right.  Most of us have adopted a “wait and see” attitude when it comes to questions like masks on or off, mandating vaccines or strongly suggesting, and how much information can we actually seek from employees.  After all, we haven’t always seen consistent guidance coming from state and federal agencies like CDC, EEOC and OSHA or state and local public health authorities. So we cautiously await new information before making any significant policy changes, especially when workplace and community safety are implicated.
Continue Reading EEOC Updates and Clarifies Vaccine Guidance

Employers have been asking for months whether they may mandate employees to get a COVID-19 vaccine.  According to the EEOC’s recent guidance, the short answer is “yes,” but with certain legal limitations.  Employers considering a policy on vaccinations should make sure they review this current guidance.

On December 16, 2020, the EEOC updated its Q&A

On November 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) published a proposed update to its 2008 guidance on religious discrimination in the workplace.  The five member commission voted 3-2 to issue the proposed guidance with the two democratic members objecting. The proposed guidance can be accessed here.

Although the guidance has not been updated in 12 years, it is likely that this proposal in the waning days of the Trump administration, came at least in part due to recent religious liberty cases issued by the US Supreme Court.  Most recently, the case of Our Lady of Guadalupe School v. Morrissey-Berru, held that the “ministerial exception” under the religion clauses of the First Amendment which bars ministers from suing churches and other religious institutions for employment discrimination precluded cases filed by certain Catholic school teachers.  Although the teachers were not ordained ministers, the schools had argued that the exception nonetheless applied because they played a key role in teaching religion to their students.  The Court, in a 7-2 vote, agreed.Continue Reading EEOC Issues Proposed Updated Compliance Manual on Religious Discrimination

Companies reopening their offices and facilities will be collecting sensitive personal and health information about their employees (as well as about customers, vendors, and other visitors) to track COVID-19 symptoms. Although the Americans with Disabilities Act (ADA) typically places strict limits on the collection, use, and disclosure of health information about employees, the ongoing pandemic has prompted the Equal Employment Opportunity Commission and Centers for Disease Control and Prevention to permit the widespread gathering of health information in the workplace in an effort to stem the spread of the coronavirus.
Continue Reading Coronavirus Tracking Programs Need to Comply with Privacy Laws

While employers may require testing for COVID-19 before employees return to work, the Equal Employment Opportunity Commission (EEOC) has confirmed that employers are prohibited from requiring antibody testing before allowing employees back into the workplace.

The Americans With Disabilities Act (ADA) allows employers to inquire into an employee’s disability and conduct mandatory medical tests of

As states begin to reopen their economies following months of shutdowns related to the COVID-19 pandemic, many employers are wrestling with challenging questions about how to bring their employees back in a safe and responsible manner.

New guidance from the Equal Employment Opportunity Commission (“EEOC”) provides some insight about what employers can and cannot do in connection with bringing certain vulnerable employees back to the workplace.Continue Reading EEOC Offers Guidance for Accommodating Older Workers and Pregnant Employees in Return to Work Following Pandemic-Related Closures

On Thursday, April 23, the federal Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance for employers to include a provision allowing employers to test employees for the COVID-19 virus without running afoul of the Americans with Disabilities Act (“ADA”).

Continue Reading The Equal Employment Opportunity Commission Allows Employers to Test Employees for COVID-19