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What Employers Need to Know About the EEOC’s Proposed Workplace Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance through November 1, 2023. Prior to this release, the EEOC had not updated its guidance regarding workplace harassment since 2017. Needless to say, much ...
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EEOC Lawsuit Push Takes Aim At Hospitality Employers

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as several claims took direct aim at businesses in the industry. Harassment Claims Continue To Capture Spotlight In light of the sexual abuse allegations ...
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EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect with its rights and obligations under the Health Insurance Portability and Accountability Act (as amended by the Affordable Care Act). The EEOC finally ...
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Employer’s Use of Criminal History in the Hiring Process – What Does the EEOC Say?

If you have a box on your employment application that asks if the prospective employee has ever been convicted of a felony/spent time in jail, you may want to consider removing it. The United States Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance making clear that they will scrutinize employers’ use of arrest ...
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Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...
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How to Avoid the EEOC’s Radar

The Equal Employment Opportunity Commission’s (EEOC’s) statistics about employment discrimination continue to demonstrate a trend of increased charge filing and litigation with the agency. And, in the wake of the EEOC’s increased focus and expanding budget to execute its Strategic Enforcement Plan, the employment discrimination lawsuit trend is expected to continue. The most effective action ...
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