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

During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC)  is delaying the issuance of “Notice of Right to Sue” letters to workers. While not publicly announced by the agency, officials have confirmed this practice to advocacy groups and media outlets.

The Notice of Right to Sue letter begins the clock ticking as to when plaintiffs must bring a lawsuit against a company for discrimination under federal law. Specifically, once workers receive this EEOC notice, they have 90 days to file a complaint in federal or state court. The 90 days deadline to file in court is a statutory deadline that must be met and cannot be changed by the EEOC.  On the other hand, when the notice that triggers this statutory clock is sent to workers is within the control of the EEOC.  It appears that the EEOC is taking this opening.


Continue Reading LITIGATION: EEOC DELAYS RIGHT-TO-SUE LETTERS AND REMINDS EMPLOYERS ABOUT ANTI-DISCRIMINATION LAWS

On March 18, 2020, the Equal Employment Opportunity Commission  issued new guidance regarding the effect of the COVID-19 pandemic on employers’ obligations not to discriminate against and to provide reasonable accommodations to disabled employees under the Americans with Disabilities Act and the Rehabilitation Act.  The guidance states that, while employers must continue to comply with the ADA and the Rehabilitation Act, those laws do not interfere with or prevent employers from following the guidelines and suggestions from the Centers for Diseases Control and Prevention or state or local authorities relating to COVID-19.

Continue Reading EEOC Issues New Guidance for Employers on Compliance With the Americans With Disabilities Act and the Rehabilitation Act During the COVID-19 Pandemic

Online Filing System Sample Form
Component 2 EEO-1 Online Filing System Sample Form

After numerous delays and revisions the deadline for filing enhanced EEO-1 reports is now just three weeks away, due to be filed with the Equal Employment Opportunity Commission (“EEOC”) by September 30.  Component 1 Data should already have been filed…by May 31. The Component 1 data required affected employers to provide a list of employees organized by job category, race, ethnicity, and gender.


Continue Reading Are You Prepared to do Your EEO-1 Reporting?

Photo: Beatrice Murch via Flickr (CC by 2.0)

The US Supreme Court recently announced it accepted three cases that will determine the scope of “sex” discrimination under federal law.  Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful for employers to discriminate against employees on the

On October 24, 2018 the Equal Employment Opportunity Commission (“EEOC”) announced that Denton County Texas will pay $115,000 to a female physician formerly employed by the county.  The EEOC filed suit in August 2017 in the U.S. District Court for the Eastern District of Texas alleging that Dr. Martha C. Storrie was paid less than her male counterpart for the same job in violation of the Equal Pay Act.  The court entered judgment in favor of the EEOC.

Continue Reading EEOC Announces Judgment on Equal Pay Claim