August 19, 2022
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Category: Affirmative Action and Diversity

FAQs on Affirmative Action Placement Goals

It comes as no surprise to many of you that there can be challenges in trying to balance the dual interests within your organizations of (1) complying with the nondiscrimination and affirmative action requirements arising under Title VII of the Civil Rights Act of 1964 (Title VII), Executive Order (E.O.) 11246, and a variety of other federal and state laws;...
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July 29, 2022
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Category: Agency Enforcement

EEOC Posts Updated COVID-19 Guidance, Says Status and Symptoms Questions OK

The Equal Employment Opportunity Commission (EEOC) has once again updated its COVID-19 technical assistance guidance for employers, including the addition of a new section stating that employers are permitted to ask their employees who report feeling ill or who call in sick about their illness symptoms to determine if an individual has or has had COVID-19. The updated guidance, in...
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July 29, 2022
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Category: Compliance Tools

Federal Court Partially Blocks Enforcement of EEOC’s SOGI Discrimination Guidance

A federal trial court in Tennessee has temporarily blocked enforcement within 20 states of guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The court’s order stems from a lawsuit brought by 20 state attorneys general alleging that the EEOC issued the guidance without complying with mandatory administrative...
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July 22, 2022
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Category: Compliance Tools

Labor Department Posts New FAQs on Mental Health Conditions and the FMLA

The Department of Labor’s (DOL) Wage and Hour Division has posted on its website a new set of Frequently Asked Questions (FAQs) and a Fact Sheet regarding mental illness as a serious health condition under the Family and Medical Leave Act (FMLA). The guidance serves as a helpful reminder that the FMLA covers leave for serious physical and mental health...
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July 15, 2022
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Category: Agency Enforcement

OFCCP’s AAP-VI Contractor Portal Remains Open (For Now)

Despite a June 30 deadline set by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) for federal contractors to certify to OFCCP, via the agency’s new online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, that they have developed and maintained AAPs in accordance with OFCCP regulations, the AAP-VI portal remains open as of this writing. OFCCP has...
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June 03, 2022
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Category: Agency Enforcement

OFCCP Now Saying That Small AAPs Must Be Added to AAP-VI

In an unexpected and frankly disturbing new development, especially in light of its timing and earlier agency guidance, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that establishments with fewer than 50 employees must be added to the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, if the contractor maintains an affirmative...
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May 27, 2022
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Category: Agency Enforcement

OFCCP Introduces AAP-VI Bulk Upload Option for Multi-Establishment Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced an option for federal contractors and subcontractors with 100 or more establishments (or functions) to upload or modify establishment information into the agency’s Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal. As we reported previously, all supply and service contractors subject to OFCCP’s jurisdiction must certify by June...
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May 20, 2022
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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April 22, 2022
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Category: Compliance Tools

EEOC Officially Opens 2021 EEO-1 Filing Season, Reports Due May 17

The Equal Employment Opportunity Commission (EEOC) has officially opened the filing season for 2021 “Component 1” Employer Information (EEO-1) Reports, effective April 12, 2022. Completed reports must be filed by May 17, 2022. Upon logging into EEOC’s Filing System, returning users will be prompted to reset their password. Unlike past years, returning users will not need a special “Passcode” or...
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