Agency Activity Archives - Kollman & Saucier P.A.

EEOC Issues Harassment Prevention and Response Guidance

Garrett Wozniak

05/01/2023

Agency Activity, EEOC, Employment Discrimination, Hostile Work Environment

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.” While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers. Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...

Kollman & Saucier

04/19/2023

Agency Activity, Joint Employer, Labor Law

In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment." Significantly, under this rule, the authority alone to...

Peter Saucier

04/05/2023

Agency Activity, Employment Discrimination

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony. That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system. Employers confronted with charges...

Garrett Wozniak

01/26/2023

Agency Activity, Disability & Leave

The Equal Employment Opportunity Commission (EEOC) has issued guidance called “Hearing Disabilities in the Workplace and the Americans with Disabilities Act.” The resource addresses: when an employer may ask an applicant or employee questions about a hearing condition and how it should treat voluntary disclosures; what types of reasonable accommodations applicants or employees with hearing disabilities may need; how an employer should handle...

Kollman & Saucier

11/22/2022

Agency Activity, EEOC, Workplace Postings

The Equal Employment Opportunity Commission (EEOC) released a new "Know Your Rights" poster (dated October 20, 2022) that replaces its prior "EEO is the Law" poster. Any employer with at least 15 employees are required to display this poster in the workplace. The new poster is two pages, with the first applying to all covered employers and the second detailing requirements for federal contractors and businesses receiving federal financial...

Garrett Wozniak

10/14/2022

Agency Activity, Independent Contractors, Wage & Hour

The United States Department of Labor has issued a proposed rule that will significantly impact worker classification under the Fair Labor Standards Act (FLSA). The proposal, released Tuesday, October 11, 2022, is a departure from the standard adopted during the Trump administration. The FLSA generally requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and at least one and one-half times an...

Kollman & Saucier

10/05/2022

Agency Activity, EEOC, Sexual Orientation

A Texas federal court judge just ruled that the Equal Employment Opportunity Commission's (EEOC) June 2021 Guidance that permits exceptions for LGBT employees from certain policies on bathrooms, dress codes and locker rooms was unlawful. In Texas v. EEOC, et al., 2:21-CV-194-Z (N.D. Tex. Oct. 1, 2022), District Court Judge Matthew Kacsmaryk, a Trump appointee, found that the EEOC's Guidance had improperly interpreted the scope of the Supreme...

Darrell VanDeusen

09/28/2022

Agency Activity, Employment Discrimination

Let’s start today’s blog with a brief visit to Employment Discrimination Law 101. An employer cannot discriminate on the basis of race, sex, color, etc., etc., etc. Discrimination includes harassment – name calling, epithets, and such stuff – that creates a hostile work environment. And (yes, I know you know this) an employer is responsible for the actions of all of its employees, not just its supervisors or managers (e.g.,...

Vincent Jackson

07/22/2022

Agency Activity, Sexual Orientation

A federal judge in Tennessee took the rare step of issuing a preliminary injunction to block the Equal Employment Opportunity Commission from issuing guidance regarding employment discrimination based upon sexual orientation or gender identity. The case stems from the EEOC’s attempt to implement the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which held that Title VII’s ban on sex discrimination applied to...

Kollman & Saucier

05/13/2022

Agency Activity, Disability & Leave

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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EEOC Issues Harassment Prevention and Response Guidance

New NLRB Joint Employer Rule Coming This Summer

Maryland Court Reins in Appeal Rights From MCCR Determinations

EEOC Issues Guidance On Hearing Disabilities in the Workplace

New Mandatory EEOC Poster Released

DOL Unveils Revamped Independent Contractor Test

EEOC's LGBT Bathroom/Dress Code/Locker Room Guidance Gets Nixed By Another Federal Court Judge

An EEOC Reminder: Discrimination by Third Parties is also Illegal

Federal Judge Halts EEOC Guidance on Protections for LGBTQ Employees

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

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Category: Agency Activity

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