Category: Discrimination

October 31, 2023

2022 EEO-1 Component 1 Data Collection

The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2022 EEO-1 Component 1 data collection on October 31, 2023. The deadline for submissions and certifications is set for December 5, 2023.

Understanding the EEO-1 Component 1 Report

The EEO-1 Component 1 report is an obligatory annual data collection exercise for private sector employers with 100 or more employees, as well as federal contractors with 50 or more employees meeting certain criteria. This report requires the submission of workforce demographic data, including data segmented by job category, gender, and race or ethnicity.

New Resources for Filers

In an effort to streamline the data submission process, the EEOC’s Office of Enterprise Data and Analytics (OEDA) has launched a new EEO-1 Component 1 Instruction Booklet for the 2022 data collection period. This booklet consolidates various support materials, such as frequently asked questions and fact sheets, into a single resource. It also provides additional information to clarify eligibility and reporting requirements.

Enhanced Filing Process

The EEOC announced that it has enhanced the filing process by introducing self-service options and an online Filer Support Team Message Center within the EEO-1 Component 1 Online Filing System (OFS). This platform enables filers to submit requests for assistance, update requests with new information, terminate requests, and track the status of requests, thereby simplifying the filing process.

Additional EEOC Data Collections

The EEOC has also opened the 2023 EEO-4 state and local government data collection, which is also due on December 5, 2023. This mandatory data collection requires all state and local governments with 100 or more employees to submit demographic workforce data every two years. A new EEO-4 Instruction Booklet is now available to aid in this process.

Employer Compliance

All employers must determine whether they are required to file EEO data. If so, you should make sure you have the necessary data prepared in time to meet the filing deadlines. Hopefully, the new guidance resources from the EEOC will make it easier for companies to comply with the reporting process.

August 25, 2023

Reviewing Your New York Anti-Harassment Policies (Webinar Recap)

On August 24, 2023, I presented a complimentary webinar entitled “Reviewing Your New York Anti-Harassment Policies”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

Sexual Harassment Policies
Other Protected Characteristics
Best Practices
Legal Impact
Training

and much more!

All New York employers must have a written sexual harassment prevention policy. The State has recently updated its model policy, and employers should be aware of the suggested changes. You should also consider how to address other forms of harassment in your employee handbook or other policy materials. Given relatively low bars for asserting unlawful harassment in New York, it is critical that employers continue to monitor their efforts in this area.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Reviewing Your New York Anti-Harassment Policies”

New York State has updated its model sexual harassment prevention policy. While employers are not required to adopt the model policy, you must meet minimum guidelines established by the State. Unfortunately, it’s not so clear exactly how to do that. In this webinar, we discuss some strategies and best practices for compliance depending on your circumstances.

Of course, employees have legal rights to be free from harassment based on other characteristics as well. What do your current policies say about racial harassment, age-based harassment, and harassment against individuals with disabilities? Make sure your policies make sense together and are up-to-date in light of periodic changes in applicable employment discrimination laws.

The webinar also includes reminders about mandatory sexual harassment training and ideas on preventing harassment, which is the only way to genuinely reduce the risk of legal liability.

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July 27, 2023

EEOC Issues Guidance on Visual Disabilities in the Workplace

As an employer, it’s crucial to understand the legal obligations and best practices for accommodating employees with disabilities. On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document specifically addressing visual disabilities in the workplace. While the EEOC focuses on the Americans with Disabilities Act (ADA), state or local laws may also be relevant to this topic.

The ADA

The ADA is a federal law that prohibits discrimination against qualified individuals with disabilities. Under the ADA, individuals with disabilities include those who have a physical or mental impairment that substantially limits one or more major life activities, have a record or history of such an impairment, or are subject to an adverse action because of an actual or perceived physical or mental impairment.

The ADA applies to private employers with 15 or more employees and all state and local government employers.

Visual Disabilities

The EEOC guidance uses the term “visual disabilities” to refer to disabilities related to an individual’s vision. It uses the term “vision impairments” to encompass various vision-related conditions such as blindness, low vision, limited visual fields, photosensitivity, color vision deficiencies, or night blindness. A vision impairment constitutes a visual disability if it meets one of the three definitions of disability: actual, record of, or regarded as.

Not everyone who wears glasses or contact lenses qualifies as an individual with a disability under the ADA. As the guidance explains, “An individual who uses ordinary eyeglasses or contact lenses that are intended to fully correct their vision typically will not be covered under the ADA as an individual with an ‘actual’ or a ‘record of’ a visual disability.”

Prevalence of Visual Disabilities

According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 18.4% of all U.S. adults are blind or have difficulty seeing even when wearing corrective lenses. Vision impairments can start or occur throughout one’s lifetime and can be caused by various factors, including eye diseases, eye injuries, burns, or surgical complications.

Employer Obligations and Reasonable Accommodations

Many individuals with vision impairments can successfully and safely perform their jobs with or without reasonable accommodation. Under the ADA, employers should not deny employment opportunities to these individuals based on stereotypes or incorrect assumptions. The document provides guidance on when an employer may ask an applicant or employee questions about a vision impairment, what types of reasonable accommodations may be needed, and how to handle safety concerns.

Ultimately, if an employee’s visual disability cannot be accommodated in such a way as to prevent unreasonable safety risks, then an employer is not necessarily required to continue their employment.

Protecting Employees from Harassment

The document also addresses the importance of ensuring that no employee is harassed because of a visual disability. Employers have a responsibility to create a safe and inclusive work environment for all employees, including those with visual disabilities.

Confidentiality

The ADA requires employers to keep medical information about applicants and employees confidential. However, some internal disclosure regarding vision impairments is permissible for legitimate business purposes.

Retaliation

Like most employment discrimination laws, the ADA prohibits retaliation against individuals seeking its protections. Accordingly, employers must not treat employees negatively for any activities related to their rights under the law.