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EEOC Releases Advice on Artificial Intelligence and Title VII

Vincent Jackson
Vincent Jackson
05/23/2023
Artificial Intelligence, EEOC, Hiring Process
On May 18, 2023, the EEOC released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.”   This document offers advice on the use of algorithmic decision-making tools that employers are more often using for recruitment, promotion and firing.  The document also attempts to distinguish between...
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EEOC Issues Harassment Prevention and Response Guidance

Garrett Wozniak
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,...
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New Mandatory EEOC Poster Released

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

Randi Klein Hyatt
Randi Klein Hyatt
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...
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EEOC Updates Guidance On COVID-19 Vaccine Incentives

Garrett Wozniak
Garrett Wozniak
05/28/2021
COVID-19, EEOC
In updated guidance, the EEOC has confirmed that employers may offer incentives to encourage employees to get a COVID-19 vaccine.  According to the agency’s press release: “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...
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EEOC Issues Updated Guidance On Religious Discrimination

Randi Klein Hyatt
Randi Klein Hyatt
12/08/2020
Agency Activity, EEOC, Reasonable Accommodations/Undue Burden, Religious Discrimination, Uncategorized
Last month, the Equal Employment Opportunity Commission (EEOC) published a new update to its 2008 guidance on religious discrimination in the workplace.  Recognizing the "altered legal landscape" that has transpired in the last 12 years, the agency issued a modernized version of its guidance that covers employer obligations and employee rights.  Specifically, the guidance addresses: Coverage, including when a particular religious practice or...
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EEOC Proposing To Share More Details With Employers During The Conciliation Process

Randi Klein Hyatt
Randi Klein Hyatt
10/09/2020
Agency Activity, EEOC
The Equal Employment Opportunity Commission (EEOC) has issued a newly proposed Rule that would alter the conciliation process, which the EEOC uses as a method of alternative dispute resolution with employers that have had a finding of "reasonable cause" issued against them at the conclusion of the EEOC's investigation.  Conciliation is technically a voluntary alternative to litigation after the agency has determined, based upon its investigation,...
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EEOC's Updated COVID-19 Guidance: Employees Not Entitled To Accommodations Because They Live With High-Risk Individuals; Treat Older Workers Equally Despite Risk

Randi Klein Hyatt
Randi Klein Hyatt
06/11/2020
Age Discrimination, COVID-19, EEOC, Employment Discrimination, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden
In an updated guidance on COVID-19, the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC has clarified an employer need not accommodate an employee's request to telework who is not high risk but lives with high risk individuals.  The EEOC has also clarified that companies may not mandate exclude older workers and pregnant employees from the workplace even though public health authorities advise they are a higher risk group for severe...
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The EEOC Issues An Updated Q&A On COVID-19, The ADA, And Other EEO Laws

Randi Klein Hyatt
Randi Klein Hyatt
04/15/2020
COVID-19, Disability & Leave, EEOC
Late last week, the Equal Employment Opportunity Commission (EEOC) posted an update to its short question and answer document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.  The highlights (both pre-existing and newly added last week) include: While the EEO laws, including the ADA and Rehabilitation Act, continue to apply during this pandemic time, the EEOC has made clear they do not interfere...
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