Articles and Blogs

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and... READ MORE

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

*Revised on August 9, 2023 On Monday, August 7, the Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations for the Pregnant Workers Fairness Act (“PWFA”), which will be found here on August 11. Once published, public comment is invited for 60 days. While the regulations could change before being finalized, employers are encouraged to... READ MORE

While the ravages of COVID-19 turned the nation’s attention away from the opioid addiction crisis, the number of opioid overdose deaths has surged during the pandemic. Recognizing that the social and emotional consequences of the pandemic will likely increase the workplace impact of opioid use and co-morbid health conditions, the Equal Employment Opportunity Commission... READ MORE

As Safer-at-Home transitions to Safe-at-Work, two new issues have emerged for employers: (1) Can I require everyone to return to the workplace?; and (2) What new operational considerations are presented as my employees return? The General Duty Clause of the Occupational Health Safety Act, historically the stepchild of employment safety standards, is suddenly front... READ MORE

As we discussed here, the Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. During the webinar, the EEOC analyzed 22 employment-related questions. In the previous article, we addressed the first 11 questions of the webinar. We will now cover the last 11 questions for your review.... READ MORE

The Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. The EEOC stressed that all equal employment opportunity laws still have to be followed and that the laws enforced by the EEOC don’t interfere with guidance issued by the Centers for Disease Control and Prevention (“CDC”) or... READ MORE

This week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how to adhere to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act amid the COVID-19 pandemic. As we discussed here and reiterated in the new EEOC guidance, the ADA and Rehabilitation Act do not interfere with employers following the Centers... READ MORE