The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S. employers submitted from 2016 through 2020. Unless these employers submit objections by September 19, OFCCP plans to release their currently non-public demographic employee data in response to the request.
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
Circuit Panel Invites Full Court to Reconsider Title VII ‘Ultimate Employment Decisions’ Rule
Holding a gender-based scheduling policy giving only male detention service officers full weekends off was not unlawful discrimination under Title VII of the Civil Rights Act, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has invited the full circuit court to revisit its standard for proving workplace discrimination.
Former JPMorgan Vice President Files Retaliation Suit
Former JPMorgan Bank NA compliance attorney, Shaquala Williams, filed a retaliation lawsuit against the company in the New York Southern District court. Williams, who joined the company in July 2018 as vice president, was allegedly terminated from the company after raising concerns about multiple compliance failures.
According to an article
Study of EEO-1 Component 2 Pay Data Released
As the 2022 NILG National Conference was coming to a close, the EEOC released the long-awaited National Academy of Sciences report on the EEOC’s Pay Data Collection Completed in 2020. The study, titled Evaluation of Compensation Data Collected Through the EEO-1 Form, is a dense read at over 275 pages.
The DOL’s Recent “Retaliation” Bulletin
In this episode, Jen discusses the federal Department of Labor’s “retaliation” bulletin, and strategies for avoiding liability in this area.
EEOC to Share Findings of EEO-1 Pay Data Study
During her keynote speech to open the second day of the NILG 2022 National Conference, EEOC Vice Chair Jocelyn Samuels hinted that an announcement involving the Agency and pay equity would be coming soon.
True to her word, this afternoon EEOC announced it will be holding a press conference tomorrow
Anti-Retaliation Policies
More than half of all workplace discrimination complaints filed with the Equal Employment Opportunity Commission involve retaliation. Attorney Mark Bakker discusses how employers can prevent and defend against retaliation claims.
U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress
Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a private action for discrimination brought pursuant statutes governing those receiving federal funding enacted pursuant to the Spending Clause. There are four such statutes for those receiving federal funding: Title VI of the Civil Rights Act of 1964 prohibits race, color and national origin discrimination; Title IX of the Education Amendments of 1972 prohibits sex discrimination in schools; the Rehabilitation Act of 1973 (“Rehab Act”) prohibits disability discrimination; and the Affordable Care Act (“ACA”) prohibits discrimination based on race, color, national origin, sex, disability, and age by healthcare entities.
Missed the May 17 Deadline to File Your EEO-1 Report? There’s Still Time To Make Amends!
All private-sector employers with 100 or more employees and all federal contractors with 50 or more employees and at least one federal contract worth at least $50,000 are required by the US Equal Employment Opportunity Commission (EEOC or Commission) to file an annual EEO-1 report.
EEOC To Permit Short Window of Additional Time for Late EEO-1 Report Submissions
The 2021 EEO-1 Component 1 reporting period is currently underway. Most employers with 100 or more employees (and most federal contractors with 50 or more employees) must submit their 2021 EEO-1 Component 1 Report by Tuesday, May 17, 2022. In past years, for various reasons, the EEOC has extended this
Non-Binary Gender Reporting “Option” for 2021 EEO-1 Reports
As we reported the 2021 EEO-1 reporting portal is now open.
More employers are collecting non-binary gender data from employees. The EEOC however, is not authorized to require collection, or reporting, of non-binary employee data. The current EEO-1 reporting form has fields only for the reporting of employee binary gender
2021 EEO-1 Data Collection Has Opened
EEOC has announced the opening of the 2021 EEO-1 Component 1 Data Collection platform. The deadline to complete filing this year is May 17, 2022 – giving employers only 5 weeks to complete the reporting. In an e-mail message announcing the opening, the Agency encouraged filers to begin the filing
EEO-1 Filing Platform Set to Open on April 12 With Abbreviated Filing Deadline of May 17: What’s the Rush?
Though the 2021 EEO-1 landing page labels the opening and closing dates for the 2021 EEO-1 filing cycle as “tentative,” the U.S. Equal Employment Opportunity Commission (EEOC) has notified prior filers that the 2021 filing platform will “officially open” on April 12, 2022, and close on May 17, 2022.
Second Circuit Clarifies Factors to be Considered in Pleading a Joint Employer Relationship for Title VII Liability
Executive Summary: On March 7, 2022, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) addressed the question of what a Title VII plaintiff must claim to adequately plead the existence of an employer-employee relationship under the joint employer doctrine. See Felder v. United States Tennis Association (2d Cir. 2022). Generally, a company is only liable for discrimination against employees and applicants for employment; however, if a company does not directly employ a person, it may be liable as a joint employer. Felder is the first time the Second Circuit has confronted the question of what factors must be alleged to adequately plead a joint-employment relationship. Over a vigorous dissent, the court joined its sister circuits and concluded that non-exhaustive factors drawn from the common law of agency, including control over an employee’s hiring, firing, training, promotion, discipline, supervision, and handling of records, insurance, and payroll, are relevant to this inquiry.
EEOC Makes Major Revisions to 2021 EEO-1 Filing Procedures for Third-Party Human Resource Organizations
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced its effort to modernize the agency’s EEO data collection by revising the procedures for professional employer organizations (PEOs), administrative services organizations (ASOs), human resource outsourcing organizations (HROs), and other similar organizations (“third-party human resource organizations”) to file EEO-1 Component 1 on