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How to Strengthen and Improve Your Harassment Avoidance Program
Harassment prevention is a critical aspect of any workplace culture. In April, the U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document titled “Promising Practices for Preventing Harassment in the Federal Sector,” which provides practical tips for preventing and addressing harassment within the federal civi...
New 2022 EEO “Know Your Rights” Poster Free to Download
On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) quietly released a new final “Know Your Rights: Workplace Discrimination is Illegal” poster. Click here. The poster summarizes the EEO laws and explains how employees or applicants can file a complaint if they believe that they have experienced discrimination. The new ...
How do Employers Make a “Direct Threat” Determination
The Americans with Disabilities Act (ADA) is 30 years old and employers are familiar with its general requirement to provide reasonable accommodation to qualified individuals (applicants and employees) with a physical or mental impairment that substantially limits a major life activity. A reasonable accommodation is any change or adjustment to a jo...
Conciliation Agreements: What are the EEOC Requirements?
The Equal Employment Opportunity Commission (EEOC) investigates charges of unlawful discrimination and conducts an investigation into the allegations and the employer’s response. After assessing the evidence, the EEOC sometimes issues a Letter of Determination that there is reasonable cause to believe that a company discriminated against the ...
Arbitration Clause Won’t Prevent Sexual Harassment Lawsuits
Over the years, many employers include pre-dispute mandatory arbitration agreements with new employees (sometimes in an employee handbook, and otherwise in a separate agreement). Both parties agree to submit any employment-related disputes to arbitration, rather than to the traditional court process. Arbitration is an alternative dispute resolution...
2021 EEO-1 Reporting Set to Open April 12, 2022
The 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on Tuesday, April 12th, 2022. The tentative deadline to file the 2021 EEO-1 Component 1 Report is Tuesday, May 17th, 2022. Updates regarding the 2021 EEO-1 Component 1 data collection will be posted to the EEO-1 website as it becomes available. The Filer......
2019 and 2020 EEO-1 Data Collection is Now Open
The Employer Information Report EEO-1 Component 1, or the EEO-1 Component 1 Report, is now open (April 26). The deadline to submit and certify the EEO-1 Component 1 Report is Monday, July 19, 2021. Organizations can file their information through the new EEO-1 Component 1 Online Filing System. The new website is easier to use......
Can Employers Require COVID-19 Vaccinations for Employees?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance that allows for employer-mandated vaccines. According to the EEOC, employers may implement a mandatory vaccination policy because vaccines are not “medical examinations” under the Americans with Disabilities Act (ADA) – but a third-party administrator sho...
EEOC updates FAQs on Screening Employees for COVID-19 and Handling Medical Information
There was an update for employers from the Equal Employment Opportunity Commission (EEOC) on September 8. After public feedback, the EEOC updated several answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. What was updated? FAQ A6 (COVID-19 testi...
Can Employers Require COVID Testing of Returning Employees?
As employers reopen businesses across Florida, many are wondering if they can require a negative COVID-19 test before an employee is allowed back to work.  As background, there are 2 types of COVID-19 testing – a test to determine the presence of COVID-19 virus (viral test) – and a test to determine if an employee......
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