The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The Commission’s detailed guidance, issued September 3, 2020, announces a more restrained approach by the agency
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
EEOC to Resume Dismissing Charges of Discrimination Following Suspension due to COVID-19 Pandemic
The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020, that it will begin dismissing charges that were suspended because of the COVID-19 pandemic.
No Rest for the Weary—Government Contractors’ EEO-1 Deadline Delayed Due to COVID-19, but VETS-4212 Filings Still on Schedule
While the U.S. Equal Employment Opportunity Commission (EEOC) postponed the 2019 EEO-1 filing deadline due to the COVID-19 pandemic, the Veterans’ Employment and Training Service (VETS), which is in charge of the VETS-4212 filings, has taken no such action—which means that government contractors may want to begin preparing promptly for
EEOC Delays 2019 EEO-1 Filings and Ends Pay Data Collection—But What About the VETS-4212?
The Equal Employment Opportunity Commission (EEOC) recently announced a pair of major changes to the EEO-1 filing process. The most recent was on May 7, 2020, when the EEOC announced that due to the COVID-19 pandemic it was filing a notice in the Federal Register delaying collection of the 2019
EEOC Postpones EEO-1 Data Collection to 2021
On Thursday, May 7, 2020, the US Equal Employment Opportunity Commission (EEOC) announced it will not collect EEO-1 data from private sector employers this year due to the coronavirus pandemic.
BREAKING NEWS: No EEO-1 Reporting in 2020
EEOC has announced there will be no EEO-1 reporting obligation in 2020.
In a press release, EEOC acknowledged it
will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency.
EEOC Will Not Collect EEO-1 Data This Year
On May 7, 2020, the U.S Equal Employment Opportunity Commission (EEOC) announced that it will not collect Form EEO-1 workplace demographic data for calendar year 2019 this year. Rather, the agency will collect EEO-1 data for both calendar years 2019 and 2020 next year, with the announced expectation that
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. On Monday, February 10, 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
UPDATED: EEO-1 Portal Still Not Open for 2019 Filing, EEOC Continues to Seek Approval to Collect Race and Gender Data through 2021
As an update and a clarification to the below post we have learned from EEOC that there is not currently a deadline in place for submission of the 2019 EEO-1 reports. In fact, EEOC currently does not have authority to collect 2019 EEO-1 Component 1 data.
Since the advent of
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.
That is due, at least in part, to the fact the fact EEOC does not yet have authority to continue to collect Component 1 race
Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action
The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D.
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).
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