Articles and Blogs

The Office of Management and Budget (“OMB”) has “suspended indefinitely” the compliance date for the new pay data reporting requirements on the EEO-1 report. Private employers with at least 100 employees will still be required to annually file EEO-1 reports, but the scope of the report will be limited to the same “race/ethnicity and... READ MORE

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

On August 23, 2016, eight plaintiffs jointly sued the federal Department of Health and Human Services (“HHS”) disputing the definition of the term “sex” in recent HHS regulations implementing the Affordable Care Act’s (“ACA”) non-discrimination provisions. A link to the Complaint is here.  The HHS regulations, which, among other things, protect patients who receive... READ MORE

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

On April 5, 2016, a district court in Massachusetts dismissed a Title VII case against a hospital where the employee was terminated for refusing vaccinations on religious grounds. Robinson v. Children’s Hospital Boston, 2016 WL 1337255. While this order is not binding precedent, we wanted to report on this case because vaccination refusal is... READ MORE

Starting at the beginning of 2016, the Equal Employment Opportunity Commission (“EEOC”) has changed its procedures when it comes to employer position statements submitted in response to charges of discrimination. Now, the EEOC will release complete employer position statements and attachments to any charging party and their attorney who request release. In the past, the... READ MORE

On February 11, 2016, the Equal Employment Opportunity Office (“EEOC”) released its data for charges and claims litigated in 2015. Below are the highlights. A total of 89,385 workplace discrimination charges were received. More retaliation charges were received than any other type of claim enforced by the EEOC. Retaliation charges constituted almost 45 percent of the total number... READ MORE

On February 1, 2016, the EEOC made public a proposed revision to the Employer Information Report (“EEO-1”) to include collecting pay data from employers, including federal contractors, with more than 100 employees. According the EEOC, the collection of this pay and hours data will help in “identifying possible pay discrimination and assist employers in promoting... READ MORE

On July 1, 2015, new legislation aimed at helping victims of stalking and domestic violence maintain their employment went into effect. Specifically, House Enrolled Act (“HEA”) 1159, codified at I.C. 22-5-7 et seq., prohibits Indiana employers from terminating an employee based on: (1) the filing, by the employee, for a petition for a protective... READ MORE

Employers and the EEOC faced off again recently, this time over the EEOC’s obligation to engage in conciliation before commencing litigation against an employer. In Mach Mining, LLC v. EEOC, the employer prevailed in claiming that a federal court may decide whether the EEOC met that obligation but made the EEOC’s burden in establishing... READ MORE