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EEO-1 Portal Still Not Open for 2019 Filing: EEOC Continues to Seek Approval to Collect Race and Gender Data through 2021

Although we are about a week from the current March 31, 2020 deadline for filing 2019 EEO-1 reports, the EEO-1 Portal has yet to open.

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

EEOC Closes EEO-1 “Component 2” Pay Data Collection; Upcoming Filing Requirements Not Yet Clear

On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called “Component 2” information) for calendar years 2017 and 2018 completed, ending (at least for now) the federal government’s first-ever collection of pay data. Employers’ obligations with respect to filing calendar year 2019 demographic data remain unclear.

BREAKING NEWS: Pay Data Portal Ordered Closed

It seems the end has finally come for at least one part of the pay data reporting story. Today, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed. The closing of the portal signals the end of the required collection of pay data for 2017 and 2018 from eligible employers.

Documentation: The Star Role in Defending Against Retaliation Claims

Despite the heightened attention to avoiding and addressing sexual harassment claims in the wake of the #MeToo movement, retaliation remains the most-frequently filed employment law claim according to the Equal Employment Opportunity Commission’s FY 2019 Enforcement and Litigation Data. The agency received 39,110 retaliation charges in FY 2019 or 53.8% of all charges filed.

‘Disparate Impact’ Impacts Fortune 500 Company: Think Twice Before You Use Criminal History Information

Dollar General is the latest employer to settle with the Equal Employment Opportunity Commission (EEOC) over its use of criminal background information in the hiring process. The EEOC’s lawsuit argued that Dollar General’s hiring and screening procedures, even though facially neutral, had a disproportionately negative effect on African American applicants as compared to white applicants. Equal Employment Opportunity Commission v. Dolgencorp, LLC, d/b/a Dollar General, 1:13-CV-04307 (N.D. Ill. June 11, 2013).

Establishing Judicial Estoppel Defense Against Bankruptcy Plaintiff Just Became Harder

Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019).

Supreme Court Generally Disapproves of a Discovery-Rule Exception to Federal Statutes of Limitations

Not so long ago, federal courts began to hold that a federal statute of limitations did not run until the plaintiff knew or reasonably should have known of his or her claim. This is commonly called the “discovery rule.” The rule originated in state court tort cases involving surgical implements left in patients who did not discover their surgeons’ negligence until long after the limitations period had run.

Dear Littler: Can We Still Maintain Hairstyle and Personal Grooming Policies?

I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because our company promotes personal care products and it is important to us that client-facing employees are clean and well-groomed. Our handbook restricts employees on the sales floor from wearing facial piercings, visible tattoos, long beards and dreadlocks. However, we’ve heard that new laws prohibit “hairstyle discrimination” and restrict dress codes. Can we still maintain our look?

OFCCP Officially Reports It Will Not Use EEO-1 Component 2 Pay Data

Via Federal Register notice, OFCCP has officially stated the Agency will not request, accept, or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO-1 Component 1 data.
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