Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Equal Employment Opportunity Commission”

Hate those EEOC regs? Here’s your big chance!

Posted in Discrimination, Politics
In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or modifying existing regulations that do the following: eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency… Continue Reading

Please vote for us for the ABA Web 100: Reason #10

Posted in ABA Blawg 100
Reason No. 10: All of our posts are articulate, legitimate, and non-discriminatory! You don’t have to be a lawyer to vote. Just go to the page here and nominate Employment & Labor Insider, along with a short statement about why you like us. The deadline to submit nominations is Sunday, July 30. Thank you for your support! PS… Continue Reading

Is “reverse discrimination” still a thing?

Posted in Affirmative Action, Discrimination
A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote gender equality and diversity in hiring. . . .” Surprisingly, the study found that non-minorities and males were more likely to be… Continue Reading

Are you ready for the new EEO-1 report?

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
The beginning of July conjures many images for Americans – barbecues, picnics, fireworks.  But for many employers, July also triggered preparation for the annual EEO-1 Report filing.  Until this year, covered employers were required to file their reports no later than September 30, and the data submitted had to be from any pay period in… Continue Reading

Trump nominates Janet Dhillon to head EEOC

Posted in Discrimination, Politics
Janet Dhillon, general counsel and corporate secretary for Burlington Stores, Inc., has been nominated by President Trump to fill a vacant seat on the Equal Employment Opportunity Commission and to become its Chair. If confirmed, Ms. Dhillon will serve a five-year term that will expire July 1, 2022. I was expecting him to nominate Victoria… Continue Reading

Pros and cons of the proposed EEOC-OFCCP merger

Posted in Affirmative Action, Discrimination, Politics
President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here. She’s asked for input from the Affirmative Action team, so here it… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Proposed merger of EEOC, OFCCP faces opposition from both sides

Posted in Affirmative Action, Discrimination, Elections, Politics
Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn’t thought it through, and… Continue Reading

Trumpdate: NLRB finalists, EEOC to swallow up OFCCP?

Posted in Affirmative Action, Elections, Labor Relations, Politics
NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. Here is a link to his firm bio. The other… Continue Reading

Don’t “Ask Amy”!*

Posted in HR
*For employment law advice. Amy Dickson of the syndicated advice column “Ask Amy” is someone I read daily and agree with maybe 50 percent of the time. On most of the matters on which we disagree, she is probably right and I am probably wrong. But she really blew it today when she tried to… Continue Reading

EEOC asks court to throw out wellness lawsuit filed by AARP

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. On Wednesday, the EEOC filed a motion asking the court to throw out the… Continue Reading

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Discrimination, Elections, ERISA, Labor Relations, Politics, Protected Concerted Activity, Safety
Yikes. I hope I haven’t missed anybody. Wild week! We hope that the immigrant strikes are about over by now, but they may continue into today, and a women’s strike is reportedly set for March 8. Do employers have any recourse when their employees go out on strike? It depends. If the strike is “protected… Continue Reading

Is the new EEO-1 form here to stay? Maybe yes, and maybe no . . .

Posted in Affirmative Action, Equal Pay
As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more employees to provide summary compensation data to the Equal Employment Opportunity Commission in each EEO-1 category, divided… Continue Reading

Workplace harassment: EEOC’s employer best practices

Posted in Elections, Harassment, Politics, Sexual Orientation
How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do? This is my third and final installment on the proposed Enforcement Guidance on Unlawful Harassment, which was recently issued by the Equal Employment Opportunity Commission. The EEOC is accepting comments until February… Continue Reading

Daily Trumpdate (2): Victoria Lipnic named as acting chair of EEOC

Posted in Elections, Politics
Law360 reported this afternoon that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump to be acting chair of the EEOC. Ms. Lipnic has been on record as opposing the EEO-1 compensation reporting requirement that was supposed… Continue Reading

EEOC finalizes rule on federal employees with disabilities – but will it survive the “freeze”?

Posted in Affirmative Action
On January 3, the Equal Employment Opportunity Commission issued final regulations intended to increase the number of individuals with disabilities employed by federal agencies. The new regulations require that each federal agency aim to have a workforce of which 12 percent have disabilities and 2 percent of that 12 percent have “targeted” or severe disabilities. A list… Continue Reading

9 “fun” facts about workplace harassment, from the EEOC

Posted in Harassment
Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment. Well, this is warm-and-fuzzy week. Moving on to the parts of the proposed guidance that I thought were well done, I’ve tried to boil the rest of the proposed guidance into nine… Continue Reading

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Court won’t block EEOC’s wellness rules — for now.

Posted in Americans with Disabilities Act, Benefits, Genetic Information Non-Discrimination Act, GINA
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules — which establish when participation in an employer-sponsored wellness program is “voluntary” within the meaning of the Americans with… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading