Special thanks to Bradford Newman and Stephen 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 examining

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

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

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,

We are pleased to share a recent International Employment Lawyer article, “Are US Employers That Don’t Mandate Vaccines Now At Risk?” by Stephanie Priel, Robin Samuel, and Autumn Sharp. The article discusses risks companies that are not mandating COVID-19 vaccines may face, as well as steps those companies can take to meet their health and

Employers have been awaiting guidance from the EEOC on vaccine-related incentives since the EEOC stated in April 2021 that it would issue new guidance (but declined to state when). Now, they have it. On May 28, 2021, the EEOC issued updated and expanded COVID-19 guidance in its technical assistance document “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updated guidance provides clarification and supplements the original December 2020 version of Section K (“Vaccines”) of the technical assistance.

Key updates regarding incentives include:

  • From a federal EEO standpoint, employers administering vaccines to their employees can offer incentives for their employees to be vaccinated, as long as the incentives are not coercive-but a large incentive could make employees feel pressured to disclose protected medical information by way of pre-vaccination disability-related screening questions.
  • Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. Employers must keep vaccination information confidential pursuant to the ADA.

Notably, the EEOC stated in this update that it is beyond the EEOC’s jurisdiction to discuss the legal implications of the Emergency Use Authorization (EUA) status of the three COVID-19 vaccinations or the Food and Drug Administration’s (FDA) approach to vaccine authorization–a response to “many inquiries” the EEOC received about the type of authorization granted the vaccines by the US Department of Health and Human Services (HHS) and the FDA.

Continue Reading EEOC Updates its COVID-19 Technical Assistance: Employers Administering Vaccines Can Offer Non-Coercive Incentives to Employees

Government agencies are increasingly setting their sights on larger targets, ramping up enforcement efforts to root out systemic discrimination. This has important ramifications for employers who may suddenly find themselves defending a claim that, for all intents and purposes, feels like a class action, even though it started as an individual agency charge. With advancements in technology, large data sets on workforces are more common than ever, and government agencies are taking advantage of this and will not hesitate to request data on classes of individuals to search for trends indicating potential discrimination.

EEOC Intensifies Campaign against Systemic Discrimination

In her first public speech since being named as Chair of the EEOC, Charlotte Burrows pledged that the federal government’s workplace civil rights agency will emphasize enforcement of laws to combat systemic discrimination. This commitment to addressing systemic discrimination is consistent with President Biden’s plans to combat racism. (In January, Biden signed an executive order creating a government-wide “racial equity review” and underscoring enforcement of anti-discrimination laws. Read more here.)

Continue Reading Government Agencies Eye Larger Targets: How Employers Can Navigate the Increase in Systemic Litigation

Special thanks to guest contributors Ginger Partee and Matthew Gorman.

As the country awaits confirmation of Judge Merrick Garland, President Joe Biden’s pick for attorney general to head the U.S. Department of Justice, employers in the U.S. should begin to consider what a Biden administration DOJ might mean for their workplace.

Biden has appointed

President Biden did not waste any time after taking office on January 20, 2021. Shortly after the Presidential Oath of Office was administered, Biden signed 17 executive actions, which either impact the workplace or provide insight into what may be forthcoming under the new administration for employers.

A Flurry of Executive Orders on Day One

Biden issued a memorandum to agencies to freeze all last-minute regulations put in motion by the prior administration as President Trump was leaving office. Notably, these regulatory “freeze memos” are not uncommon for incoming administrations to issue. This pause on the prior administration’s last-minute regulations will give the Biden administration the opportunity to evaluate the so-called “midnight regulations” and determine if they will become final, be amended, or rescinded altogether.

He also issued an Executive Order reinforcing that Title VII prohibits the federal government from discriminating on the basis of sexual orientation or gender identity. The Order references the recent Supreme Court case of Bostock v. Clayton County (blogged about here). Specifically, the Order states “[i]t is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.” The Order notes that laws that prohibit sex discrimination (specifically referencing Title IX, the Fair Housing Act, and section 412 of the Immigration and Nationality Act) also prohibit discrimination on the basis of gender identity or sexual orientation.

Continue Reading Biden and the Workplace: Early Days, Major Changes

With special thanks to Bradford Newman for this post. 

Ten U.S. senators sent a joint letter to Janet Dhillon, the chair of the Equal Employment Opportunity Commission, on Dec. 8, 2020, urging the EEOC to use its powers under Title VII of the Civil Rights Act of 1964 to “investigate and/or enforce against discrimination related