We are pleased to share a recent SHRM article, “EEOC General Counsel: Anti-Discrimination Damages Caps Are Too Low,” with insights from our own JT Charron. Million-dollar jury verdicts in equal employment opportunity cases sometimes mask large cuts in final judgment due to federal caps on compensatory and punitive damages. Karla Gilbride, the EEOC’s general
EEOC
Boo! The EEOC Has Officially Started Collecting 2022 EEO-1 Component 1 Data
Happy Halloween from the EEOC! The federal agency’s 2022 EEO-1 Component 1 data collection is now open.
- The deadline for submitting and certifying 2022 data is December 5, 2023
- Employers should use this website to access the filing system: www.eeocdata.org/eeo1
- The agency published an updated instruction booklet here: https://www.eeocdata.org/pdfs/2022_EEO_1_Component_1_Instruction_Booklet.pdf
Covered employers
By way of reminder…
5 Surprises In New Federal Pregnancy Law’s Proposed Regulations
This August, the Equal Employment Opportunity Commission published proposed regulations to implement the Pregnant Workers Fairness Act, which became effective June 27.
The new law requires covered employers to “provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,”…
5 Ways the Proposed Pregnant Workers Fairness Act Regs Might Catch US Employers By Surprise
The Equal Employment Opportunity Commission recently published proposed regulations to implement the Pregnant Workers Fairness Act (which became effective June 27, 2023). We covered the new law here, explaining how it requires covered employers to provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The proposed regulations are open for public comment through October 10, 2023, and must be finalized and implemented by December 29, 2023. Although the proposed regulations could change after the commenting period, their current form offers perspective on how the EEOC believes the PWFA should be interpreted.
Here are five significant ways the proposed regulations could change how US employers accommodate pregnant workers and those with “related medical conditions”:
Don’t Get Spooked But EEO-1 Filing Opens October 31, 2023
The EEOC just announced an updated filing deadline for US employers to submit their demographic data. The EEO-1 Component 1 data collection for 2022 begins October 31 and the deadline to file is December 5. The federal agency posted instructions and other information (here), and will post the data file specifications on…
EEOC’s New Guidance Focuses on Adverse Impact in AI Used in Employment Selection Procedures
The Equal Opportunity Employment Commission (EEOC) has released new guidance for employers on the use of artificial intelligence (AI) in employment, this time with a focus on adverse impact under Title VII. On May 18, 2023, the EEOC released “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection…
Artificial Intelligence in Recruitment and Hiring: Checking Your Blind Spots
Special thanks to Bradford Newman and Stephen J. Malone, Fox Corporation.
Companies are turning to artificial intelligence (AI) to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission (EEOC) in the US are closely…
Beware What You Post: Increased DOJ Investigations Target Unintentional Discrimination in External Job Postings
Special thanks to Melissa Allchin and Matthew Gorman.
Federal agencies have renewed their focus on job postings that discriminate against protected groups, even when there is no clear intent to be discriminatory. As evidenced by a significant increase in investigations and fines levied over the past four months, the Department…
Invitation: A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling
Join us for an in-person event with special guest, EEOC Commissioner Keith Sonderling
Commissioner Sonderling is recognized for his thought leadership on inclusive AI. He is at the forefront of advocating for rational AI enforcement that meets the mandate of equality without disrupting innovation. He has noted the value of learning the perspectives of innovators…
Gig Economy Companies Brace for Crucial Year as Challenges Mount
We are pleased to share a recent Bloomberg Law article, “Gig Economy Companies Brace for Crucial Year as Challenges Mount,” with commentary from Mike Brewer. The article discusses the gig economy facing another year of upheaval as the Biden administration eyes actions to address worker rights, court battles continuing to play out across the country,…