The U.S. Chamber of Commerce (the “Chamber”), along with several business associations, has requested that the Office of Management and Budget (“OMB”) rescind its prior approval of the EEOC’s revised EEO-1 Report requiring disclosure of pay data information by gender, race, and occupational category due to the cost and time associated with compliance. The Chamber’s request was backed by the Society for Human Resource Management, National Restaurant Association, National Retail Federation, National Automobile Dealers Association, and others.
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
No Longer Giving Your Employee a “Warm Welcome” or saying “Good Morning”? Court Rules that Could be Evidence of Retaliation
A recent decision from a federal court in New York serves as a reminder to employers in South Carolina and North Carolina of just how difficult an employee’s allegations of retaliation can be to challenge, and how employers successfully can defend themselves against a discrimination claim—only to lose on the retaliation claim based on the same facts.
EEO-1 Pay Data Reporting – Will It Stay or Will It Go?
Predicting what any new presidential administration will or won’t do based on campaign statements is risky. Nonetheless, we may glean some insights. For instance, of the equal employment opportunity priorities mentioned during the campaign, the President-elect and his daughter, Ivanka, spent time talking about wage equality and childcare. For example, on the news program, 60 Minutes, Ms. Trump stated, “I’ve said throughout the campaign that I am very passionate about certain issues. And that I want to fight for them… Wage equality, childcare. These are things that are very important for me… Really promoting more opportunities for women.”
Beware the Cat’s Paw: Employer Liability for Harassment Expanded
The Second Circuit has expanded a theory of liability that can be asserted against employers. Previously, the Second Circuit had not ruled on whether an employer can be held liable for the actions of a lower-level employee with a discriminatory motive who manipulates an unwitting manager or employer into engaging in an adverse employment action. In Vazquez v. Empress Ambulance Service, Ms. Vazquez accused a co-worker of sexual harassment and outlined in detail obscene and blatant actions taken by the co-worker that constituted sexual harassment.
EEOC Publishes Final Pay Data Changes to EEO-1 Report
The Equal Employment Opportunity Commission has issued revisions requiring employers with at least 100 employees to submit annual EEO-1 reports that include W-2 pay and hours worked data for their entire workforces, nationwide.
EEOC Announces Approval of Revised EEO-1 Report
On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced that starting in March 2018, it will collect summary employee pay data from certain employers on revised EEO-1 Reports. The announcement comes upon approval of the controversial new EEO-1 Report by the White House Office of Management and Budget (OMB).
Federal Court Rejects EEOC Concept of Race, Upholds Employer’s Dreadlock Ban
An employer’s ban on dreadlocks and the Equal Employment Opportunity Commission’s willingness to file a lawsuit to vindicate an employee’s rights has opened a legal debate on the meaning of “race” under Title VII of the Civil Rights Act of 1964.
Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices
The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law.
EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims
Employers have been warned time and time again – retaliation claims are on the rise. With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance on Retaliation and Related Issues, which are guidelines for EEOC investigators to use in investigating retaliation claims. This is the first time in nearly two decades that the Commission has updated these guidelines.1
EEOC Issues New Enforcement Guidance Regarding Retaliation Claims
Executive Summary: The EEOC has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices.
Seventh Circuit to Plaintiffs: Here’s Your Burden of Proof
Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. Before either is a possibility in federal (and many state) courts, the employee must first clear the hurdle of surviving summary judgment. That is, when the employer files its motion for summary judgment requesting that the court dismiss the employee’s discrimination claims on the merits, the employee must instead prove to the court that the employee has enough evidence from which a jury could render a verdict in his or her favor. The Seventh Circuit in Ortiz v. Werner Enterprises, Inc.1 may have simplified – but not eased – the determination of whether employees satisfy their burden of proof at the summary judgment stage.
EEOC Releases Final Enforcement Guidance on Retaliation and Related Issues
In the spring, we notified you that the U.S. Equal Employment Opportunity Commission (EEOC) proposed changes to its guidance on workplace retaliation. The EEOC recently released its final enforcement guidance, which replaces its 1998 Compliance Manual section on retaliation.
EEO-1 Reports: Time for Employers to Get in Formation
This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details regarding employee counts and demographics for every company location. In this article, we will explain why all employers should be careful to correctly answer the EEO-1 questions relating to federal contractor status, discuss how all employers should prepare for required compensation reporting beginning in 2018, and advise federal contractors how to prepare their EEO-1 reports so as to avoid future audit headaches.
EEOC Publishes Revised EEO-1 Pay Data Rule
Executive Summary: The Equal Employment Opportunity Commission (EEOC) has published a revised proposed rule to collect summary pay data from employers that file EEO-1 reports. The EEOC originally published a proposed rule to collect pay data in February 2016. The revised rule permits employers to use the same W-2 report to complete the EEO-1 that they use for tax purposes. It also changes the EEO-1 filing deadline to March 31 starting with the first filing in 2018. This change was designed to coordinate with the existing W-2 calendar year.
EEOC to Publish Update to EEO-1 Pay Data Reporting Proposal
The Equal Employment Opportunity Commission has released an update with revisions to its proposed EEO-1 pay data collection report. The proposal would have employers with at least 100 employees submitting to the EEOC all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.