Yesterday, the Equal Employment Opportunity Commission released two guidance documents focusing on Diversity, Equity, and Inclusion (“DEI”). The first, entitled “What You Should Know About DEI-Related Discrimination at Work” largely applies general standards from Title VII and related case law to DEI programs in a broad sense, with some specific DEI-related practices highlighted. The second guidance document, “What To Do If You Experience Discrimination Related to DEI at Work” was released in conjunction with the Department of Justice and provides similar information, but in a more compact form. These guidance documents are consistent with the Executive Orders issued by the Trump Administration earlier this year regarding “illegal DEI” and confirm that examining DEI programs of private sector employers remains a priority of the administration.
Read MoreThe first few days of the Trump Administration have resulted in a flurry of Executive Orders, including a number of orders focused on Diversity, Equity, and Inclusion (“DEI”) initiatives. These orders impact both the federal and private sectors. While many open questions remain, this alert summarizes the orders which are most relevant to private sector employers.
Read MoreAs we reported in previous alerts, New York City law imposes requirements on employers who use automated employment decision tools (“AEDTs”) to make employment decisions. Following suit, the NYS Senate introduced a bill that, if passed, would restrict employers’ use of not only AEDTs, but also electronic monitoring. While there is no analogous federal requirement relating to the use of AEDTs or electronic monitoring, the EEOC has also indicated that AI is an area of interest, recently releasing guidance on the application of Title VII of the Civil Rights Act to employers’ use of AI tools.
Read MoreThe U.S. Department of Labor’s Wage and Hour Division has issued two revised mandatory posters relating to the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). Employers are required to keep these notices posted in a conspicuous place in the workplace where they can be readily seen by employees and applicants.
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With the end of the COVID-19 Public Health Emergency declaration, the EEOC updated its technical assistance questions and answers on COVID-19, the ADA, the Rehabilitation Act, and other EEO laws. As we reported in prior alerts , the EEOC has updated this guidance numerous times throughout the pandemic to serve as a resource for employers and workers on a wide range of COVID-19 related-issues arising under federal EEO laws in the ever-changing landscape of the pandemic.
Read MoreOn October 19, 2022, the EEOC updated its “Know Your Rights” poster, regarding guidance on Federal anti-discrimination laws, worker protections from workplace discrimination, and remedies available to employees who believe they have experienced discrimination. The new poster, which was revised on October 20, 2022, replaces the previous “EEO is the Law” poster.
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