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Since late October 2021, when the Equal Employment Opportunity Commission (EEOC) launched its Initiative on Artificial Intelligence (AI) and Algorithmic Fairness, the agency has taken several steps to ensure AI and other emerging tools used in hiring and other employment decisions comply with federal civil rights laws that the agency enforces, including Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Among other things, the EEOC has hosted disability-focused listening and educational sessions, published technical assistance regarding the ADA and the use of AI and other technologies, and held a public hearing to examine the use of automated systems in employment decisions.…

Continue Reading EEOC Issues New Workplace Artificial Intelligence Technical Assistance

When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal Employment Opportunity Commission (EEOC) published guidance on the application of existing federal equal employment opportunity laws to COVID-19 workplace issues. Since first releasing “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws” in March 2020, the agency has followed up with several revisions. The EEOC published its latest version of the guidance on May 15, 2023, just ten days after the World Health Organization declared an end to the COVID-19 global public health emergency and six days after the federal COVID-19 Public Health Emergency (PHE) technically concluded. Below, are the most significant updates in what the agency has called its “capstone” guidance (the “Revised Guidance”). …

Continue Reading The End of COVID-19 Guidance? EEOC Publishes Technical Assistance “Capstone”

On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”) issued a “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated System” (“Joint Statement”).  According to a press release from the EEOC, by the Joint Statement, the federal agencies pledged to uphold America’s commitment to the core principles of fairness, equality, and justice as emerging automated systems, including those sometimes marketed as “artificial intelligence,” or “AI,” become increasingly common in people’s daily lives – impacting civil rights, fair competition, consumer protection, and equal opportunity.…

Continue Reading Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

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The U.S. Equal Employment Opportunity Commission (EEOC) recently published updated guidance titled, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the Guidance), explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities.  The Guidance provides several new and updated examples regarding medical information employers may request and use, and reasonable accommodations for hearing disabilities that reflect technological and medical advancements since the EEOC issued its initial guidance in 2014.…

Continue Reading Updated EEOC Guidance Highlights ADA’s Impact on Employees with Hearing Disabilities

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As featured in #WorkforceWednesday:  This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due to midterm election results, and the U.S. Supreme Court’s (SCOTUS’s) decision not to review whether COVID-19 justifies a violation of the Worker Adjustment and Retraining Notification (WARN) Act.
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Continue Reading Video: EEOC Targets Abortion Travel, Midterm Results, and SCOTUS Declines COVID-19 WARN Act Case – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we shed light on the growing issues surrounding electronic employee monitoring, the Equal Employment Opportunity Commission’s (EEOC’s) disavowal of comments by a former General Counsel (GC) regarding abortion travel benefits, and California’s latest marijuana employment protection law.
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Continue Reading Video: Potential for NLRA Expansion, EEOC Disavows Former GC’s Comments, California Adds Marijuana Employment Protections – Employment Law This Week

It is time to update your workplace signage. On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new workers’ rights poster, which it quickly revised and re-issued on October 20, 2022. The new “Know Your Rights” poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, which had been in place for more than a decade, and it features several substantive changes.
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Continue Reading Know Your Rights: The EEOC Issues New Workplace Discrimination Poster

For more than two and a half years, employers across the country have navigated a nuanced web of legal requirements and guidance to safely operate during the global COVID-19 pandemic.  Recent updates to the legal landscape at the federal, state, and local level, however, have left many employers asking: is the COVID-19 pandemic finally over? For now, the answer remains “no.” This post discusses three key reasons why employers should continue to operate with the pandemic in mind.
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Continue Reading Is the COVID-19 Pandemic Over? For Employers, Not Yet

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As featured in #WorkforceWednesday:  This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.
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Continue Reading Video: EEOC’s LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules.
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Continue Reading Video: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris – Employment Law This Week