It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers with California employees. Each of these are effective January 1, 2023 unless otherwise stated herein. […]
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado was first on the scene in 2021. Since then, California and Washington have adopted new […]
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, then by statute it must engage in formal Conciliation with the Respondent/Employer in an effort […]
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” […]
Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Under the ADA and GINA, employers are generally permitted to request employee medical or genetic […]
Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc. Currently, only two federal discrimination laws go further and, not only prohibit discrimination, but also require covered employers to take affirmative steps to provide workers with […]
Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot program here. As part of the mediation pilot program, and in response to the COVID-19 pandemic, the EEOC implemented virtual mediations, as opposed to audio-only […]
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may be on the verge of receiving some welcome relief. Click here to continue reading.
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a six-month pilot program that will greatly expand not only the number of charges that are eligible for mediation, but also the time period in which mediations will be allowed. The ACT (Access, Categories, Time) mediation pilot began on July 6, 2020, and was implemented as an effort to […]
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender status. Specifically, courts have not consistently interpreted Title VII’s prohibition on discrimination “because of . […]
