Regulatory / Guidance Issuance

th7Y6M6GN7By Christopher J. DeGroff, Matthew Gagnon, Andrew R. Cockroft, and Gerald L. Maatman, Jr.,

Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for change, calls

thCAD0SFA4By Paul Kehoe and Larry Lorber

Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here). This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives

thCAD0SFA4By Paul H. Kehoe and Lawrence Lorber  

Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans With Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient

thCAD0SFA4By William David and Laura Maechtlen 

In 2011, the U.S. Equal Employment Opportunity Commission (EEOC) invited the public to comment on how its significant regulations could be improved by modifying, streamlining, expanding, or repealing them.  Since opening its doors for public comments, the EEOC has received 93 comments.  The EEOC summarized and responded to these

By Paul H. Kehoe

On January 29, 2015, the U.S. Senate Committee on Health, Education, Labor & Pensions held a hearing on employer wellness plans. While bipartisan sentiment may be difficult to find in Washington, it is clear that both Republican and Democrat Senators view wellness plans favorably, recognize the crucial role that wellness plans

By Laura J. Maechtlen

No federal statute explicitly prohibits employment discrimination based on gender identity or expression. Nevertheless, in recent years, the EEOC has advocated — including as part of its strategic plan — that it would pursue protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment. Indeed, on April 20,

By Paul Kehoe 

Today, without the fanfare of a public meeting, the U.S. Equal Employment Opportunity Commission published Guidance on its website addressing the treatment of pregnancy under Title VII. Once again, it appears as if the EEOC adopted a position exceeding the statutory mandate that Congress bestowed upon it. Requiring employers to provide a

By Christopher DeGroff and Paul Kehoe

Yesterday, the EEOC held a public meeting entitled Social Media In The Workplace: Examining Implications for Equal Employment Opportunity Law.  The Commissioners welcomed five individuals to testify regarding how the ever-changing social media platforms impact the workplace in areas such as recruitment and hiring, harassment, records retention, and