The Equal Employment Opportunity Commission (“EEOC”) has issued new guidance stating that employers cannot require employees to undergo antibody or serology testing to determine whether employees were previously infected with Covid-19 or are otherwise immune to the virus. Employers cannot require antibody testing before allowing an employee to return to work or in assigning job duties. The EEOC’s previous guidance allowing employers to test employees for current Covid-19 infection remains in effect.
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EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes. The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic, while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies. Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)
EEOC Releases Updated COVID-19 Guidance
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes. The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies. Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance
New York Bars Non-Disclosure Agreements in All Discrimination Case Settlements
In 2019, the New York State Legislature championed a host of employment laws that strengthen protections for employees. One of those laws codified new requirements for non-disclosure agreements, which are effective as of October 11, 2019. To ensure enforceability of non-disclosure provisions, employers must account for the following provisions:
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#MeToo Continues National and Local Impact: EEOC Identifies Increase in Sexual Harassment Charges, CGA Considers Change to Sexual Harassment Law
The Equal Employment Opportunity Commission (EEOC) recently released data detailing breakdowns for the charges of workplace discrimination it received in 2018. Sexual harassment charges increased 13.6% from 2017 – making sexual harassment the second most frequent charge filed with the EEOC. Overall, the agency received 7,609 sexual harassment charges and obtained $56.6 million in monetary benefits for victims of sexual harassment.
Continue Reading #MeToo Continues National and Local Impact: EEOC Identifies Increase in Sexual Harassment Charges, CGA Considers Change to Sexual Harassment Law