The Equal Employment Opportunity Commission has issued Proposed Enforcement Guidance on Unlawful Harassment. The 75-page Proposed Guidance follows a Report from the Commission’s Select Task Force on the Study of Harassment in the Workplace. This Task Force was co-chaired by Republican Commissioner Victoria A. Lipnic (now Acting EEOC Chair) and Democratic Commissioner Chai R. Feldblum. The EEOC is inviting interested persons to provide comments to the Proposed Guidance by February 9, 2017.
Articles Discussing The Equal Employment Opportunity Commission.
On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30, 2016, including review of the EEOC’s current priorities and systemic initiative. On July 7, 2016, the EEOC also published “A Review of the Systemic Program of the U.S. Equal Employment Opportunity Commission,” looking back over the past decade. Based on these publications, the EEOC has been far more transparent than ever in shedding greater light on its systemic initiative.
The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the data available to it. The report covers the period October 1, 2015, through September 30, 2016.
On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its annual Performance and Accountability Report (PAR), revealing an increase in charge activity for FY 2016. According to the PAR, the EEOC received 91,503 charges in FY 2016, roughly 2,000 more charges than in FY 2015. EEOC staff resolved 97,433 charges, contributing to a net reduction of the charge workload.
Many employers faced with a charge of discrimination have participated in the Equal Employment Opportunity Commission’s mediation process. Employers, however, may not be as familiar with a separate EEOC process known as “conciliation.” This article reviews that process and provides suggestions for employers negotiating with the Commission.
Last Wednesday, the Equal Employment Opportunity Commission revised the proposed rule requiring certain employers to collect and report pay data to the federal government. The initial proposed rule, published in late January, required reporting to begin on September 30, 2017. Due to input received during the initial 60-day comment period, the start date for reporting data was moved to March 31, 2018; this change delays reporting until after employers have issued W-2 forms for the previous calendar year.
Equal Employment Opportunity Commission Chair Jenny R. Yang has issued a report on the EEOC’s Systemic Discrimination efforts over the last 10 years. The Report contains insights on the type of employer vulnerabilities the EEOC exploits and the agency’s aims for growth in new areas.
Earlier this year, the EEOC announced a proposed rule to expand employer EEO-1 reporting requirements to include pay range data and hours worked data. In response to pubilc comments on the proposed rule, the EEOC this week issued a slightly revised proposed rule, which triggers a new 30-day public comment period (open until August 15, 2016). The revised proposed rule and additional information concerning the rule are available here.
Executive Summary: The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per violation effective July 5, 2016. The increase will only apply to penalties issued after the July 5th effective date.
The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. These procedures, along with the EEOC’s Digital Charge system, make significant changes in some jurisdictions, while formalizing the existing practices in others.
Senate Bill 2693, the “EEOC Reform Act,” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76,408” discrimination charges pending at the close of fiscal year 2015.
For many years, the primary way that a charging party could obtain a copy of an employer’s EEOC’s position statement was through a Freedom of Information Act request following the resolution of the charge and closure of the case. As of January 2016, the Equal Employment Opportunity Commission (“EEOC”) implemented nationwide procedures that allow its offices to release employer position statements and non-confidential information to employees and their representatives during an ongoing investigation.
On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all position statements submitted by employers to the EEOC on or after Jan. 1, 2016. In short, the new procedures provide charging parties and their counsel, to the extent they have one, an employer’s position statement on a silver platter, with no concomitant provision of information to the employer, such as the charging party’s Intake Questionnaire or the subsequent rebuttal, which he or she now has an opportunity to give within 20 days after the filing of a position statement.
The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385 charges were filed with the agency, up slightly from the 88,778 charges filed the previous year. The largest number of charges filed with the agency since FY 1997—the first year the agency started compiling such data—is 99,947 charges filed in FY 2011. Charge numbers had steadily declined since that time until this year.
Proposed changes to the Equal Employment Opportunity Commission’s EEO-1 report would have employers with at least 100 employees submitting all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.