Articles and Blogs


EEOC Reverses 22-Year-Old Policy on Binding Arbitration of Discrimination Disputes


Posted on December 20, 2019 in Health Law News, HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE

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Pay Data Reporting on EEO-1 Forms Appears to Be the New Reality


Posted on August 2, 2019 in HR Insights for Health Care

Published by: Hall Render

In March of this year, a federal judge in Washington, D.C. reinstated the controversial EEO-1 Component 2 pay data reporting requirements. The current reporting deadline is September 30, 2019. The EEO-1 Pay Data Reporting Roller Coaster The EEO-1 is an annual report filed with the Equal Employment Opportunity Commission (“EEOC”) that has historically collected... READ MORE

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Seventh Circuit: Obesity Alone Is Not Protected Under the ADA


Posted on July 9, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

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Raise It or Waive It: U.S. Supreme Court Decides That Title VII’s Charge-Filing Requirement Is Not Jurisdictional


Posted on June 10, 2019 in HR Insights for Health Care

Published by: Hall Render

In an unanimous decision authored by Justice Ginsburg, the U.S. Supreme Court recently announced that Title VII’s charge-filing precondition is not a jurisdictional requirement but instead a mandatory claim-processing rule, which may be forfeited if the party asserting the rule waits too long to raise an objection.[1] This decision emphasizes the importance of timely... READ MORE

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EEO-1 Filing Website to Open Soon – Submission Deadline Extended to May 31, 2019


Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

The EEO-1 filing website will open in early March. The filing deadline has been extended to May 31, 2019. Both dates were pushed back as a result of the recent, partial federal government shutdown. Luckily for employers, the controversial pay data disclosure requirements remain on indefinite hold, as we previously reported; however, covered employers still... READ MORE

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EEOC and DOJ Pact Continues Focus on Workplace Harassment—Employers Take Note (Especially County Hospitals)


Posted on January 31, 2019 in HR Insights for Health Care

Published by: Hall Render

Once again, the Equal Employment Opportunity Commission (“EEOC”) is demonstrating its strong stance against harassment in the workplace. The EEOC recently announced a partnership with the U.S. Department of Justice, allowing for quicker action against state and local government employers in harassment allegations – keep in mind that county hospitals typically fit the definition... READ MORE

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#MeToo – EEOC Launches a Multi-Pronged Enforcement Campaign Against Seven Employers Around the Country


Posted on June 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As pointed out in prior blog posts—see, for example, this post from 2017 and this 2018 blog post—with the recent #MeToo movement and the sexual harassment allegations that continue to garner media coverage on a national platform, employers across the country should be taking proactive steps to curb sexual harassment and incivility in the... READ MORE

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It’s EEO-1 Report Filing Season. Are You Doing It Right?


Posted on January 29, 2018 in HR Insights for Health Care

Published by: Hall Render

Employers rightfully rejoiced last summer when they learned they would not be required to include pay data on their 2017 EEO-1 report. Indeed, as we reported last August, that new and controversial requirement has been put on hold—perhaps forever. But, covered employers are still required to report workforce race/ethnicity and gender information by job category. The deadline... READ MORE

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New EEO-1 Pay Data Reporting Obligations “Suspended Indefinitely”


Posted on August 31, 2017 in HR Insights for Health Care

Published by: Hall Render

The Office of Management and Budget (“OMB”) has “suspended indefinitely” the compliance date for the new pay data reporting requirements on the EEO-1 report. Private employers with at least 100 employees will still be required to annually file EEO-1 reports, but the scope of the report will be limited to the same “race/ethnicity and... READ MORE

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EEOC Updates Guidance Regarding National Origin Discrimination


Posted on November 22, 2016 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

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