Archive for the ‘EEOC’ Category

OFCCP Weighs in on Employer Use of Criminal Histories

Authored By: Jonathan C. Bumgarner


Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should expect heightened scrutiny of their use of criminal histories.

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Statistics Tell Us What the EEOC Is Doing These Days

Authored By: Jonathon A. Rabin


The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   (more…)

Mandatory Flu Vaccine Programs – The EEOC Weighs In

Authored By: Kevin A. Stella


In a recent informal discussion letter, the EEOC responded to an employer’s inquiry about the application of Title VII of the Civil Rights Act to health care workers’ requests for exemption from an employer-mandated flu vaccination program. In a lengthy response EEOC’s Legal Counsel, Peggy Mastroianni, references several prior EEOC publications addressing relevant legal standards.  This letter serves as a reminder that a mandatory flu vaccine program creates many employment law issues that must be considered by health care employers. (more…)

Arrest and Conviction Records – EEOC Takes a Stand

Authored By: Stephen W. Lyman


The EEOC on April 25, 2012 issued its Enforcement Guidance, updating its previous position on an employer’s use of arrest and conviction records in making employment decisions.  The Enforcement Guidance was issued without prior public comment and does not have the force of law, but it does indicate where the EEOC will likely head when charges are filed alleging discrimination based on the employer’s use of past criminal records in making employment decisions.

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New EEOC Age Discrimination Rule on “Reasonable Factors Other Than Age” – Effective April 30

Authored By: Stephen W. Lyman


On March 30, 2012, the EEOC published its final rule providing guidance on the applicability of an important employer defense to claims of disparate impact under the Age Discrimination in Employment Act (“ADEA”).   The ADEA prohibits employment discrimination against people who are 40 years of age or older.  The rule applies to private employers with 20 or more employees, state and local government employers, employment agencies and labor organizations.

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