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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.

Religious Accommodation and Patient Safety in Healthcare Industry

Title VII of the Civil Rights Act requires employers in the healthcare industry to provide a reasonable accommodation to employees’ sincerely held religious beliefs and practices. Common accommodation requests relate to:

Latest Update from EEOC on Component 2 Pay Data Reporting

Following the most recent Court Order, EEOC has provided the court with a current update as to its compliance with the Court’s Order that it continue to keep the EEO-1 Component 2 pay data reporting portal open. The Court has ordered the portal remain open until at least January 31, 2020 to allow additional filers to submit their reports.

EEOC Must Keep Pay Data Reporting Portal Open

Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The Order states, despite the acknowledged expense, that EEOC

Employment Law Legends, Episode 3 – Testing Title VII: Griggs v. Duke Power Company

n the third episode of Employment Law Legends, Paul Rinnan discusses Griggs v. Duke Power Company, the origins of the disparate impact theory, and the legal battle to define discrimination in the civil rights era.

EEOC Seeks Court Permission to Deem Pay Data Reporting Complete

In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.” The EEOC is reporting that, “as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.”

The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?

As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact the current obligation employers have to submit 2017 and 2018 pay data by September 30, 2019.

EEOC Cans Component 2 Pay Data Collection Rule...After September 30

To the surprise of no one who’s been following this story, the Equal Employment Opportunity Commission (EEOC) announced on September 11, 2019, that it would not renew its request for authorization from the Office of Management and Budget to collect EEO-1 Component 2 pay data after the current authorization expires.

EEOC Announces It Will Not Collect Compensation Data Next Year

On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced that it would not seek approval from the Office of Management and Budget (OMB) to collect detailed employee compensation data on its Form EEO-1 next year. The current requirement that employers submit compensation data for calendar years 2017 and 2018 by September 30, 2019, remains unchanged.
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