September 02, 2022
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Category: Policies and Practices

Soliciting Non-Binary Gender Self-ID Data: What’s the Latest?

We continue to receive calls from employers regarding whether they are required to revise their self-identification forms to collect non-binary gender data from their applicants and employees, and if not, whether and how they should be preparing to do so in the event it becomes a mandatory requirement. Importantly, there is no current obligation imposed by either the Labor Department’s...
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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 15, 2022
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Category: Discrimination and Harassment

Ninth Circuit Rules Employee Who Failed Drug Test Can Bring Disability Claim

A three-judge panel of the Ninth Circuit U.S. Court of Appeals has ruled 2–1 that a jury should decide whether a terminated employee can use an employer’s alleged lackadaisical drug testing policy and the facts surrounding the timing of a pre-employment drug test to prove that the real reason for his termination was disability discrimination under California law. The court’s...
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July 07, 2022
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Category: Policies and Practices

Some Initial Compliance Questions To Consider In Light of Dobbs Ruling

In the wake of the U.S. Supreme Court’s controversial decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and almost 50 years of precedent in holding that there is no right to abortion recognized by the U.S. Constitution, employers are raising questions regarding how Dobbs might intersect with workplace compliance obligations. This memo addresses some of...
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April 29, 2022
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Category: Policies and Practices

House Votes Once Again To Decriminalize Marijuana

The U.S. House of Representatives, on pretty much a party-line vote, has once again approved a bill that would decriminalize marijuana under federal law, establish a process to expunge convictions for marijuana-related offenses, and impose a federal tax on marijuana products sold at the state level, among other things. The so-called Marijuana Opportunity Reinvestment and Expungement (MORE) Act was passed...
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April 22, 2022
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Category: Policies and Practices

U.S. and EU Announce Agreement on New Framework To Facilitate Cross-Border Data Transfers

In an important development for U.S. companies that operate within the nations of the European Union (EU), U.S. and EU negotiators have reached an agreement in principle on a new framework to govern cross-border data transfers that the two sides hope will facilitate compliance with the EU’s strict privacy laws. As explained in more detail below, it likely will be...
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April 08, 2022
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Category: Agency Enforcement

Biden Administration Advancing Initiatives To Stem Alleged Anti-Competitive Practices

Employers may recall that last year we reported on a sweeping new Executive Order (E.O.) signed by President Biden that is designed to promote competition throughout the economy. We also predicted that it was only a matter of time before federal agencies began adopting policies pursuant to the E.O. that would impact workplace compliance. Recent events appear to bear that...
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