EEOC maintains steady position on transgender employees’ rights

by JW Furman

With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  EEOC-jpg

There’s no reason to believe that the Equal Employment Opportunity Commission (EEOC) will soften its stand on any transgender issue unless it is required to by the president or the court. The EEOC is strongly committed to its enforcement of Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on sex or gender. Its interpretation has long been that gender stereotyping and gender identity discrimination are prohibited by Title VII. With the support of President Barack Obama, the agency became more aggressive about advocating transgender issues, but its general philosophy and long-standing interpretation of Title VII didn’t change.

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A new era in immigration enforcement: what employers should know

by Lori T. Chesser

Immigration law used to be something that few people thought about unless a friend or a relative was going through the system. Now, it’s a daily feature in our news and on social media. It’s likely that few of us have missed the news of President Donald Trump’s Executive Orders addressing immigration and travel to the United States. The U.S. Department of Homeland Security’s (DHS) release of internal implementation memos related to the president’s orders was international news, probably for the first time in the history of that agency.  immigrationreform

While any pervasive political issue can affect the workplace, employers are well-advised to pay attention as the new federal policy on immigration enforcement unfolds. Rare will be the employer that isn’t affected by the administration’s actions in some way.

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EEOC provides guidance on mental health conditions in the workplace

by Howard Fetner

The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have a right to privacy regarding their medical information.  EEOC-jpg

Background

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EEOC issues new guidelines on national origin discrimination

by Saul Glazer

With the increase in terrorism and attention given to immigration- related complaints, there is commensurate potential for workplace conflict and harassment related to national origin. The Equal Employment Opportunity Commission (EEOC) recently issued new guidelines to help employers prevent national origin discrimination in the workplace. This article discusses national origin discrimination and highlights the key examples in the EEOC’s newly issued guidelinesEEOC-jpg

National origin discrimination defined

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EEOC announces new strategic enforcement priorities

by Leslie E. Silverman

The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP:  Book of Compliance

  1. Eliminating barriers for recruiting and hiring;
  2. Protecting vulnerable workers;
  3. Addressing select emerging and developing issues;
  4. Ensuring equal pay protections;
  5. Preserving access to the legal system; and
  6. Preventing systemic harassment.

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DOJ and EEOC release ‘Advancing Diversity in Law Enforcement’ report

by Sean D. Lee

On October 5, 2016, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) released a joint report aimed at helping law enforcement agencies across the country recruit, hire, and retain diverse workforces.  Police presence at Trump rally

The comprehensive report, “Advancing Diversity in Law Enforcement,” presents the findings of a joint research initiative by the DOJ and the EEOC launched in December 2015 to understand the barriers that undermine diversity in law enforcement and highlight “promising practices” to increase diversity. The report arrives amid an intensifying national conversation about race and policing, although it stresses that diversity also includes characteristics like sex, sexual orientation, religion, language ability, and life experience.

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EEOC Richmond office, Mexican Consulate tackle national origin bias

by Jayna Genti

As part of its multiyear Strategic Enforcement Plan, the Equal Employment Opportunity Commission (EEOC) has made protecting immigrant, migrant, and other vulnerable workers a national priority. Because it has found that “many of these workers are unable or afraid to assert their rights under federal law,” the EEOC has instituted outreach and education, particularly among Hispanic workers, with the goal of making them aware of their rights in the U.S. workforce, regardless of their work authorization status. EEOC-jpg

The most recent outreach efforts of the EEOC occurred last month when the EEOC’s Richmond Local Office and the Consulate of Mexico in Washington, D.C., pledged to work together to tackle discrimination in the workplace and its unique impact on Mexican nationals. Mexican Consul General Juan Carlos Mendoza Sánchez and Reuben Daniels, Jr., director of the EEOC’s Charlotte District Office, signed a memorandum of understanding (MOU) to establish an ongoing collaborative relationship between the EEOC and the Mexican Consulate.

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EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda

The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law and the EEOC’s interpretation of it.  EEOC-jpg

Basics of national origin discrimination

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Preventing discrimination against Muslim and Middle Eastern workers

by Anna C. Lukeman

In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are or are perceived to be either Muslim or Middle Eastern.  Middle eastern people having a business meeting at office

In her statement to address this issue, EEOC Chair Jenny R. Yang said, “America was founded on the principle of religious freedom. As a nation, we must continue to seek the fair treatment of all, even as we grapple with the concerns raised by the recent terrorist attacks. When people come to work and are unfairly harassed or otherwise targeted based on their religion or national origin, it undermines our shared and longstanding values of tolerance and equality for all.”

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EEOC issues new guidance on leave of absence and ADA accommodations

by Paige Hoster Good

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document doesn’t create any new EEOC agency policy or propose any new law. Rather, it consolidates current guidance on the ADA, employer leave policies, reasonable accommodations, the interactive process, undue hardship, and other relevant subtopics.  EEOC-jpg

It appears the motivation behind this document stems from the overall rise in disability-related charges of discrimination filed with the EEOC, which increased over six percent from fiscal year 2014 to 2015. Moreover, recent charges received by the EEOC indicate employers may not know they should consider modification of leave policies as a reasonable accommodation of an employee’s disability.

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