While the statement “he who hesitates may be lost” has been around for decades, it may be the underpinning of a very recent Supreme Court decision. In a unanimous decision issued by the United States Supreme Court on June 3, 2019 (Fort Bend County vs. Davis, No. 18-525, Argued 4/22/19; Decided 6/3/19) the Supreme Court…

In 2016, under the Obama administration, the EEOC significantly revised its EEO-1 report to require that covered entities – private employers with 100 or more employees, or federal contractors with at least 50 employees – begin to report how much they pay workers, broken down between sex, race and ethnicity. The stated rationale for this…

Workers filed 8,000 fewer charges in Fiscal Year 2018 (October 1, 2017 through September 30, 2018) when the EEOC took in 76,418 charges. This total is the lowest since Fiscal 2006 when the agency took in a little under 76,000 charges. The “breakdown of charges” is as follows: Approximately 39,000 charges alleging retaliation; 24,600 charges…

Employers have a legal obligation to accommodate work-related conflicts posed by an employee’s or applicant’s disability or religious beliefs. This seems simple enough – be “reasonable.” Yet as many business professionals and lawyers know all too well, there is a great deal of room for differences of opinion as to what constitutes a “reasonable accommodation.”…

It has become a “sign of the times” that many Employers, rather than attempting to negotiate the maze of potential Legal Issues with regard to Employee Absences for sickness, child care, etc., have gravitated to what has become identified as the “No Fault Attendance Policy”. Under a No Fault Attendance Policy, Employees are assigned certain…

On November 15, 2017, the Equal Employment Opportunity Commission (“EEOC”) issued its annual performance and accountability report. In the report the EEOC states that: “offices deployed new strategies to more efficiently prioritize charges with merit and more quickly resolved investigations once the agency had sufficient information. Together with improvements in the agency’s digital systems, these…

In a statement issued on August 29, 2017, the Acting Chair of the Equal Employment Opportunity Commission – Victoria Lipnic, announced that she had received from the Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) – Neomi Rao – Administrator – informing her (Ms. Lipnic) that the OIRA was initiating a…

While there is no requirement for Employers to file an EEO-1 Report during Calendar 2017, do not start celebrating too quickly. The “New and Improved” EEO-1 Reports are due by March 31, 2018 and require expanded/new reporting requirements. These new/expanded reporting requirements not only require reporting with regard to race, ethnicity, gender, etc., but also…