EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Bernadette Hunton
Bernadette Hunton
05/13/2022
For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...
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More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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NLRB General Counsel Targets "Captive Audience" Meetings

Eric Paltell
Eric Paltell
04/08/2022
In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings.  Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions.  Such meetings have long been...
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EEOC Releases 2021 Performance Statistics

Vincent Jackson
Vincent Jackson
03/31/2022
The EEOC has released its performance statistics for Fiscal Year 2021.  Surprisingly, the Commission  collected “merely” $485 million in 2021, down $50 million from FY 2020’s record-setting $535.4 million haul. The bulk of 2021’s collections came from administrative settlements with private-sector and state and local governments, with a total of $350.7 million.  An additional $34 million was collected from court settlements and...
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EEOC Issues New Guidance on When COVID-19 Qualifies as a Disability

Vincent Jackson
Vincent Jackson
12/15/2021
On December 14, 2021, the Equal Employment Opportunity Commission issued updated guidance on when COVID-19 constitutes a disability under Title I of the ADA.  Under the ADA, a person can be an individual with a disability in one of three ways: “Actual” Disability:  a physical or mental impairment that substantially limits a major life activity (such as walking, talking, seeing, hearing, etc.); “Record of” a Disability: the person has a...
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The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID.  The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...
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NLRB General Counsel Sets Ambitious Agenda

Eric Paltell
Eric Paltell
08/17/2021
On August 12, 2021, the NLRB’s new General Counsel, Jennifer Abruzzo, issued a memo (GC 21-04) signaling plans to reconsider more than 40 decisions of the Trump Board.  The memo also asks for cases in a number of areas not addressed by the Trump Board to be sent to Advice for the purpose of considering whether new standards should be set.  The memo is indicative of an aggressive agenda that will likely see the Board issue a number of pro-labor...
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It’s Time to file EEO-1 Reports

Darrell VanDeusen
Darrell VanDeusen
05/05/2021
Last week, the EEOC issued the following press release, which is reproduced here as released.  Employers sometimes forget about EEO-1 reporting requirements.  If you are a covered employer, do not forget to complete your report.  If you have questions, contact us.  K&S lawyers will assist you in understanding your obligations.  EEOC ANNOUNCES OPENING OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA COLLECTION Employers Have Until July 19, 2021 to...
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DOL Reverses Policy Limits On Liquidated Damages For Wage Violations In Pre-Litigation Settlements

Bernadette Hunton
Bernadette Hunton
04/12/2021
On April 9, 2021, the Department of Labor issued revised guidance on the agency’s use of liquidated damages to settle wage violations, rescinding limits imposed by the Trump administration less than a year ago. Under the Fair Labor Standards Act (FLSA), employers who violate certain provisions of the Act pertaining to minimum wage, overtime, and tipped employees, are liable for unpaid wages plus an additional equal amount as liquidated damages. ...
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