Dykema Gossett PLLC

Dykema Labor & Employment Law Blog

Posts in EEOC Regulations

Contributors

Showing 14 posts in EEOC Regulations.

Follow Up: EEOC Releases Revised EEO-1 Form Which Now Tracks Employee Pay Data

Earlier this year, this blog discussed the EEOC’s proposed rule that would require employers to report additional pay data as part of their annual “Employer Information Report EEO-1” (EEO-1) form submissions. The EEOC and Office of Federal Contract Compliance Programs (OFCCP) use the EEO-1 form to collect data from private employers, federal contractors and subcontractors about their employees. It is an established report that all employers with 100 or more employees are required to submit to the EEOC on an annual basis. On September 29, 2016, the EEOC announced the approval of a revised EEO-1 form. Beginning with the 2017 report (which must be filed in March 2018), the EEOC will collect additional summary pay data that it had not previously collected from employers with 100 or more employees. Read More ›

EEOC Files Landmark Lawsuits Alleging Sexual Orientation Discrimination

It is not uncommon for the Equal Employment Opportunity Commission (EEOC) to push the envelope by taking positions in litigation that exceed the plain language of the federal statutes that it is charged to enforce.  Indeed, in its 2013-2016 Strategic Enforcement Plan, the EEOC identified addressing of emerging and developing issues as a priority, specifically mentioning as one of those issues is the “coverage of lesbian, gay, bisexual and transgender individuals under Title VII’s sex discrimination provisions, as they may apply.”  On Tuesday, the EEOC took the next step in prosecuting its Strategic Enforcement Plan when it launched a pair of federal lawsuits alleging discriminatory employment practices based on sexual orientation,  -- prime examples of the agency’s tendency to interpret statutes as broadly as possible and beyond what Congress intended. Read More ›

EEOC Issues Proposal That Would Require Inclusion of Wage and Hour Data in Annual EEO-1 Submissions

On Friday, January 29, 2016, seven years to the day following passage of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule that would require employers with 100 or more employees to report pay data as part of annual EEO-1 submissions beginning with the September 2017 report. The proposed regulation would require affected employers to not only report the number of employees in each protected classification (gender, race, etc.) but to further break down those assignments into twelve pay bands used by the Bureau of Labor Statistics as part of its occupational statistics survey based on annual W-2 earnings. Affected employers also would be required to report the total number of hours worked by employees in each reported band, in an attempt to allow the EEOC to determine when apparent disparities might be attributed to part time work. A sample of the proposed form can be found hereRead More ›

EEOC Fires Shot At Hobby Lobby Ruling

Hot on the heels of the United States Supreme Court’s landmark ruling in Hobby Lobby, new guidelines issued by the EEOC caution employers against dropping contraceptives from employee health insurance plans or risk facing liability under Title VII of the Civil Rights Act for gender discrimination. 

In June, in Burwell v. Hobby Lobby Stores, the United States Supreme Court ruled that the Religious Freedom Restoration Act (RFRA) protects closely held corporations from being compelled by the Affordable Care Act to provide certain forms of contraceptive coverage to its employees, if such coverage violates the owners’ sincerely held religious beliefs.  The following day, the Supreme Court issued rulings that suggested that the right not to provide contraceptive services extends beyond the specific methods at issue in the Hobby Lobby decision.  In the wake of these rulings, the question of whether employers will eliminate all contraceptive coverage from the insurance plans offered to their employees remains to be seen.   Read More ›

EEOC Issues New Enforcement Guidance On Pregnancy Discrimination And Related Issues, Despite Strong Dissenting Opinions By Two Commissioners

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues,” along with a question and answer document and a “Fact Sheet for Small Businesses: Pregnancy Discrimination.”  The guidance was issued over the strong objection of Commissioners Constance Barker and Victoria Lipnic, who both released public statements in opposition.  Read More ›

Braced For Federal Government Shutdown: Agency Contingency Plans

Federal government agencies have identified the agencies and/or functions that will be active or inactive during the shutdown period.  Notably, the EEOC, DOL, and NLRB plans are identified below.

EEOC Plan

The EEOC Shutdown Contingency Plan In The Event Of Lapsed Appropriations identifies activities that will continue during the shutdown.  According to the EEOC’s Plan, select activities will continue while others will not. Read More ›

If You Conduct Criminal Background Checks on Your Employees and Job Applicants, Now is the Perfect Time to Review Your Criminal Conviction Policies

As part of its Strategic Enforcement Plan, the EEOC aims to eliminate barriers in hiring, including employment policies and practices that discriminate against racial and ethnic groups.   In particular, the EEOC has increased its focus on the use of criminal convictions in employment, implementing new enforcement guidance on the issue in April 2012.  It did not take long for the Commission to take an even stronger position, filing suit in June 2013 against two employers alleging Title VII violations for utilizing criminal background check policies that resulted in employees being terminated or job applicants being screened out for employment.  The EEOC also settled a race discrimination charge regarding criminal conviction records.  These cases, as well as the EEOC guidance, provide significant insight into how the EEOC analyzes criminal conviction policies and practices.   Read More ›

Five New Year's Resolutions For Employers

As clichéd as it sounds, the beginning of a new year is a good time for employers to assess their employment practices, both to comply with changes in regulations or laws that became effective on January 1, 2013, and to check for outstanding issues that should have been addressed long ago.  While a full-fledged employment audit is well beyond the scope of a simple blog entry, there are nonetheless many simple steps employers can take to ensure ongoing legal compliance.  Read More ›

Sneak Preview: EEOC Issues Draft Strategic Enforcement Plan

On September 4, 2012, the EEOC published a draft of its Strategic Enforcement Plan (SEP), which was issued pursuant to the EEOC’s Strategic Plan for 2012-2016. That document provides employers an important glimpse into the types of discrimination that the EEOC intends to target in the coming years.  Read More ›

Sixth Circuit Expands Definition of “Medical Exam” Prohibited By Americans With Disabilities Act to Include Counseling

For over twenty years, the Americans With Disabilities Act has prohibited employers from conducting medical examinations of current employees unless they are “job related and consistent with business necessity.” Typically, employers comply with that prohibition by applying a common sense understanding of what constitutes an “examination.” But a recent decision of the Sixth Circuit Court of Appeals has interpreted the term broadly, giving life to expansive EEOC regulations and creating potential liability for unwary employers. Read More ›