Articles and Blogs

In its recent decision in Texas v. Equal Employment Opportunity Commission, the U.S. District Court for the Northern District of Texas (the “Court”) held that the Equal Employment Opportunity Commission (“EEOC”) cannot require employers to provide accommodations for transgender employees when it comes to bathroom access, dress codes and the use of pronouns, and... READ MORE

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issues its final Enforcement Guidance on harassment in the workplace (the “Guidance”). We previously reported about the EEOC’s proposed guidance on workplace violence in this post when it was initially introduced in October 2023. The Guidance was influenced by the Supreme Court’s recent decision in Bostock v. Clayton, which held that Title VII’s prohibition... READ MORE

As fall begins in many parts of the country and cooler temperatures move in, so do a range of new employment laws and proposed regulations. Some of these changes include a new employer work rules standard recently adopted by the National Labor Relations Board (“NLRB”), a long‑awaited guidance update on workplace harassment from the... READ MORE

The Fifth Circuit Court of Appeals (the “Fifth Circuit”) rendered a significant decision recently in Braidwood Management, Inc. v. Equal Employment Opportunity Commission. This decision has garnered attention and sparked discussions due to its potential implications for religious freedom, employment law and the rights of individuals in the workplace. Background In Braidwood, the plaintiff was a... READ MORE

As we return to a “new normal” and what is hoped to be the tail end of the COVID-19 pandemic, the EEOC recently issued helpful guidance (starting at Section K16, specifically) regarding employer incentives for COVID-19 voluntary vaccinations under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Links to... READ MORE

In an April 15, 2021 letter, the EEOC addressed a request for guidance on employer-provided incentives aimed at encouraging employees to receive the COVID-19 vaccine. The agency indicated, at the time, that they were updating their technical assistance guide to address the extent to which employers may offer employee incentives to vaccinate. Specifically, the... READ MORE

As we discussed here, the EEOC recently updated its COVID-19 guidance (Section K, specifically) to include information on how employers can approach COVID-19 vaccine issues under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). In our previous blog article, we addressed the implications of a... READ MORE

Recently, the EEOC updated its COVID-19 employment practices guidance (Section K, specifically) to include information on how employers can approach the newly released COVID-19 vaccines under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part... READ MORE

As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part I of II)”), here (“EEOC Provides COVID-19 Guidance Via Webinar (Part II)”) and here (“EEOC Updates COVID-19 Technical Assistance”), the Equal Employment Opportunity Commission (“EEOC”) has previously addressed several employment practice concerns throughout the ongoing COVID-19 pandemic. Earlier this fall, the EEOC released... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE