EEOC
Subscribe to EEOC's Posts

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). Important takeaways from the guidance, as well as FAQs from the EEOC, are discussed in the attached link. Access the article.

Continue Reading

8 Steps to Record Employment Decisions in Uncertain Times

In light of the COVID-19 pandemic and an increased focus on social justice, stakes have never been higher for employers to make and document good employment decisions. Those that make poor employment decisions—or do not sufficiently document good decisions—face significant exposure and unwanted scrutiny, both internally and externally, during a time when many employers are struggling to survive. Writing for Law360, McDermott associate Lauren Ziegler provides a step-by-step guide that will help employers create effective documentation in the COVID-19 era and beyond. Access the article.

Continue Reading

Dress Code Policies Reconsidered in the Pandemic

Employers are contending with how to respond to telecommuters dressing down during the pandemic. Companies also are considering how to ensure dress codes don't unlawfully discriminate or violate National Labor Relations Act (NLRA) rights. In a recent article by the Society of Human Resource Management, McDermott Employment associate Philip Shecter advises employers to be mindful of these rights, which may arise in the context of attire in favor of social justice movements. Access the article.

Continue Reading

Background Checks: The Advent of the New California Employment Class Action

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA's disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs' firms are turning their attention to these cases because of the potential for statutory and actual damages, punitive damages, costs and attorneys' fees. In our recent webinars, we discussed strategies to help employers avoid and defend these claims. View Part I's slide deck here. View Part II's slide deck here.

Continue Reading

Can Employers Require Workers to Get Flu Shots?

Flu season is officially here, and in light of the COVID-19 pandemic's continued effects across the country, doctors are imploring people to get their annual flu shot. In a recent interview with the Los Angeles Times, McDermott partner Michelle Strowhiro discussed approaches and options for employers as they consider making the flu vaccine mandatory. Access the article.

Continue Reading

Can Employers Make Vaccines Mandatory in a Pandemic?

Even though a vaccine to prevent COVID-19 isn't available yet, it's not too early for employers to start considering whether they will require employees to get the vaccination when it is ready. In a recent article by the Society of Human Resource Management, McDermott partners Michelle Strowhiro and Sandy DiVarco highlighted some of the factors, considerations and accommodations that may be necessary once a vaccine is ready. Access the article.

Continue Reading

President Releases Executive Order Prohibiting Training for Contractors and Federal Grant Recipients

On September 22, 2020, US President Donald Trump issued an Executive Order, which prohibits federal contractors and recipients of federal grants from conducting certain workplace training on race and sex stereotyping. This Executive Order is likely to be challenged on various grounds, including First Amendment grounds, but all employers may wish to review their workplace training materials in anticipation of future Equal Opportunity Commission (EEOC) action for reverse discrimination. Access the article.

Continue Reading

What to Do When Scared Workers Do Not Respond to Work Due to COVID-19

Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act. In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work. Access the article.

Continue Reading

STAY CONNECTED

TOPICS

ARCHIVES