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Equal Employment Opportunity Compliance Guide, 2020 Edition by John F. Buckley National Legal Research Group, Inc.

Equal Employment Opportunity Compliance Guide, 2021 Edition

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Overview

This comprehensive, easy-to-use sourcebook examines all the major administrative and judicial decisions, interpretive memoranda, and other publications of the Equal Employment Opportunity Commission (EEOC), providing compliance advice and the text of the most important of these publications. It also supplies vital information on the use of EEOC regulations by the states. This valuable reference is designed to meet the needs of both employment law attorneys and human resources professionals by presenting thorough Equal Employment Opportunity (EEO) coverage that mirrors the continuity existing between EEO claims-avoidance strategy and EEO litigation strategy.

Equal Employment Opportunity 2021 Compliance Guide brings the practitioner up to date on statutory, regulatory, and case law developments in this ever-changing area.

Highlights include:

  • Age Discrimination: The Supreme Court's recent decision in Babb v. Wilkie, which clarified the standard for proving causation in federal-sector Age Discrimination in Employment Act cases.
  • Arbitration: Passage by the House of Representatives of the proposed Forced Arbitration Injustice Repeal Act, which would prevent a predispute arbitration agreement from being valid or enforceable if it required arbitration of an employment, consumer, antitrust, or civil rights dispute.
  • Disability Discrimination: Recent "regarded as disabled" cases involving safety risks related to obesity. (See § Equal Pay: The Ninth Circuit's en banc decision that prior salary, either alone or in combination with other factors, cannot justify a wage differential under the Equal Pay Act.
  • National Origin Discrimination: Recent court decisions involving employer liability for workplace harassment on the basis of national origin.
  • Religious Institutions: A 2020 Supreme Court case, Our Lady of Guadalupe School v. Morrissey-Berru, involving the First Amendment "ministerial exception" to liability under employment discrimination laws.
  • Reporting and Recordkeeping: An update on the submission of the 2019 and 2020 EEO-1 Reports in light of the COVID-19 public health emergency.
  • Sex Discrimination: The Supreme Court's recent ruling in Bostock v. Clayton County that an employer who discharges an individual for being homosexual or transgender violates Title VII's prohibition of discrimination "on the basis of sex."

Note: Online subscriptions are for three-month periods.

Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073232
Table of Contents

Preface

Chapter 1

LAWS ENFORCED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

§ 1.01 Overview

§ 1.02 EEOC Regulations and Guidelines

§ 1.03 Disparate Treatment, Disparate Impact, and the Burden of Proof in Title VII Cases

§ 1.04 Class Action Lawsuits Under Employment Discrimination Statutes

§ 1.05 Applicability of EEOC Regulations and Federal Precedent to State Fair Employment Practices (FEP) Statutes

§ 1.06 Overview of Laws Enforced by EEOC

§ 1.07 Other Federal Authority Prohibiting Discrimination in the Workplace

EEOC RESOURCE MATERIALS

Exhibit 1.1 Application of Title VII and the Americans with Disabilities Act to Conduct Overseas and to Foreign Employers Discriminating in the United States

Exhibit 1.2 Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms

Chapter 2 NOTICE POSTING, RECORDKEEPING, AND REPORTING REQUIREMENTS

§ 2.01 Overview

§ 2.02 Notice Posting Requirements

§ 2.03 Recordkeeping Requirements

§ 2.04 Reporting Requirements

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 2-1 Regulations on Notice Posting, Recordkeeping, and Reporting Requirements and Case Annotations: Title VII and the ADA

ARG 2-2 Regulations on Notice Posting, Recordkeeping, and Reporting and Case Annotations: ADEA

ARG 2-3 Regulations on Notice Posting, Recordkeeping, and Reporting Requirements: Equal Pay Act

EEOC RESOURCE MATERIALS

Exhibit 2.1 EEOC-Approved Equal Employment Opportunity Notice

Exhibit 2.2 How to Post Notices in a Format Accessible to Individuals with Disabilities

Exhibit 2.3 Sample Employer Information Report EEO-1

Exhibit 2.4 Revised Section D of Form EEO-1

Exhibit 2.5 Questions and Answers: Revisions to the EEO-1 Report

Exhibit 2.6 Questions and Answers: Definition of “Job Applicant” for Internet and Related Electronic Technologies

Exhibit 2.7 Agency Information Collection Activities: Adoption of Additional Questions and Answers to Clarify and Provide a Common Interpretation of the Uniform Guidelines on Employee Selection Procedures as They Relate to the Internet and Related Technologies, Federal Register, Volume 69, Number 43

Chapter 3 ESTABLISHING EMPLOYMENT POLICIES AND PRACTICES

§ 3.01 Overview

§ 3.02 Adopting an Equal Employment Opportunity Policy

§ 3.03 Personnel Policies and Practices That Foster EEO Compliance

§ 3.04 Preemployment Inquiries and Examinations

§ 3.05 The Uniform Guidelines on Employee Selection Procedures

§ 3.06 Affirmative Action Policies

§ 3.07 Internet Acceptable Use Policies

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 3-1 Uniform Guidelines on Employee Selection Procedures and Case Annotations

ARG 3-2 Guidelines on Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 and Case Annotations

ARG 3-3 Government Contractors, Affirmative Action Requirements

EEOC RESOURCE MATERIALS

Exhibit 3.1 Policy Guidance on Consideration of Arrest Records in Employment Decisions Under Title VII

Chapter 4 SEX DISCRIMINATION

§ 4.01 Overview

§ 4.02 Pregnancy Discrimination

§ 4.03 Sexual Harassment

§ 4.04 Equal Pay

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 4-1 Guidelines on Discrimination Because of Sex and Case Annotations

ARG 4-2 Guidelines on the Equal Pay Act and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 4.1 2015 Enforcement Guidance on Pregnancy Discrimination and Related Issues

Exhibit 4.2 Facts About Pregnancy Discrimination

Exhibit 4.3 Facts About Sexual Harassment

Exhibit 4.4 Policy Guidance on Parental Leave (EEOC Notice No. N-915-058 (8/27/90))

Exhibit 4.5 Policy Guidance on Current Issues of Sexual Harassment (EEOC Notice No. N-915-050 (3/8/90))

Exhibit 4.6 Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions (EEOC Notice No. 915.002 (10/29/97))

Exhibit 4.7 Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (EEOC Notice No. 915.002 (6/18/99))

Exhibit 4.8 Questions and Answers for Small Employers on Employer Liability for Harassment by Supervisors (6/18/99)

Exhibit 4.9 Policy Guidance on Employer Liability Under Title VII for Sexual Favoritism (1/12/90)

Exhibit 4.10 Enforcement Guidance on Harris v. Forklift Systems, Inc. (EEOC Notice No. 915.002 (3/8/94))

Chapter 5 AGE DISCRIMINATION

§ 5.01 Overview

§ 5.02 Who Must Comply?

§ 5.03 Who Is Protected?

§ 5.04 The Hiring Process

§ 5.05 Age as a Bona Fide Occupational Qualification

§ 5.06 Basing Decisions on Nondiscriminatory Reasons

§ 5.07 Bona Fide Seniority Systems

§ 5.08 Prohibition of Involuntary Retirement

§ 5.09 Employee Benefit Plans

§ 5.10 Waivers of ADEA Claims and the OWBPA

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 5-1 Guidelines on the Age Discrimination in Employment Act and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 5.1 Facts About Age Discrimination

Exhibit 5.2 Job Advertising and Pre-Employment Inquiries Under the ADEA (EEOC Notice No. N-915-043 (7/3/89))

Exhibit 5.3 Policy Guidance: Application of § 4(f)(2) of the ADEA to Cases Involving “Benefit Packages” That End

Life Insurance Coverage for Employees Totally Disabled After Attaining Age 60 (EEOC Notice No. N-915.023 (3/21/88))

Exhibit 5.4 Enforcement Guidance on O'Connor v. Consolidated Coin Caterers Corp. (EEOC Notice No. N-915-002 (9/18/96))

Exhibit 5.5 Guidance on Charging Parties Disqualified by BFOQs or Other ADEA Exceptions (EEOC Notice No. N-915.045 (12/5/89))

Exhibit 5.6 Exemptions from Coverage Pursuant to § 9 of the ADEA (EEOC Notice No. N-915-018 (1/20/88))

Exhibit 5.7 Rescission of ADEA Employee Benefits Section of Compliance Manual (EEOC Notice No. N-915.003 (8/20/01))

Exhibit 5.8 Questions & Answers About the EEOC's Retiree Health Rule

Exhibit 5.9 Understanding Waivers of Discrimination Claims in Employee Severance Agreements

Chapter 6 RACE, COLOR, AND NATIONAL ORIGIN DISCRIMINATION

§ 6.01 Overview

§ 6.02 Discrimination Based on Race or Color

§ 6.03 National Origin Discrimination

§ 6.04 Important Developments in the Title VII Proof Scheme

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 6-1 Guidelines on Discrimination Because of National Origin and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 6.1 Facts About Race/Color Discrimination

Exhibit 6.2 Facts About National Origin Discrimination

Exhibit 6.3 Citizenship, Residency Requirements, Aliens, and Undocumented Workers (EEOC Compliance Guide Section 622) [1/89]

Exhibit 6.4 Memorandum of Understanding Between the EEOC and the Office of Special Counsel for Immigration Related Employment Practices

Exhibit 6.5 Enforcement Guidance on National Origin Discrimination

Exhibit 6.6 Discrimination Based on Religion, Ethnicity, or Country of Origin

Exhibit 6.7 Civil Rights Division National Origin Working Group Initiative to Combat Post-Terrorism Discrimination

Exhibit 6.8 EEOC Compliance Manual Section 15: Race & Color Discrimination

Chapter 7 DISABILITY DISCRIMINATION

§ 7.01 Overview

§ 7.02 What Constitutes a Disability?

§ 7.03 Requirement That Individual Be Qualified to Perform the Essential Functions of the Job

§ 7.04 Recruitment and Hiring

§ 7.05 Medical Examinations and Inquiries

§ 7.06 Reasonable Accommodation Requirements

§ 7.07 Prohibited Forms of Discrimination

§ 7.08 Permitted Activities

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 7-1 Regulations on the Equal Employment Provisions of the Americans with Disabilities Act and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 7.1 Facts About the Americans with Disabilities Act

Exhibit 7.2 Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations

Exhibit 7.3 Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities

Exhibit 7.4 Questions and Answers About Persons with Intellectual Disabilities in the Workplace and the Americans with Disabilities Act

Exhibit 7.5 The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964

Exhibit 7.6 Enforcement Guidance: Workers' Compensation and the ADA

Exhibit 7.7 Enforcement Guidance on the Effect of Representations Made in Application for Benefits on the Determination of Whether a Person Is a “Qualified Individual with a Disability” Under the ADA

Exhibit 7.8 Interim Enforcement Guidance on the Application of the Americans with Disabilities Act of 1990 to Disability-Based Distinctions in Employer-Provided Health Insurance

Exhibit 7.9 Opinion on Whether an Employer Can Refuse to Supply a Union with Requested [Medical] Information Needed to Process a Grievance by Raising a Defense That It Is Prohibited from Doing So Under the ADA

Exhibit 7.10 Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (March 1, 1999)

Exhibit 7.11 Small Employers and Reasonable Accommodation

Exhibit 7.12 Questions and Answers on Amending the Interpretive Guidance on Title I of the Americans with Disabilities Act

Exhibit 7.13 Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (July 27, 2000)

Exhibit 7.14 Policy Guidance on Executive Order 13145: To Prohibit Discrimination in Federal Employment Based on Genetic Information (July 26, 2000)

Exhibit 7.15 Questions and Answers About Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

Exhibit 7.16 Questions and Answers About Blindness and Vision Impairments in the Workplace and the Americans with Disabilities Act

Exhibit 7.17 Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)

Exhibit 7.18 Questions and Answers About the Association Provision of the Americans with Disabilities Act

Exhibit 7.19 Questions and Answers About Health Care Workers and the Americans with Disabilities Act

Exhibit 7.20 Employment Tests and Selection Procedures

Exhibit 7.21 Questions and Answers on the Notice of Proposed Rulemaking for the ADA Amendments Act of 2008

Exhibit 7.22 Background Information for EEOC Final Rule on Title II of the Genetic Information Nondiscrimination Act of 2008

Exhibit 7.23 Questions and Answers for Small Businesses: EEOC Final Rule on Title II of the Genetic Information Nondiscrimination Act of 2008

Exhibit 7.24 Fact Sheet on the EEOC's Final Regulations Implementing the ADAAA

Exhibit 7.25 Questions and Answers on the Final Rule Implementing the ADA Amendments Act of 2008

Exhibit 7.26 Questions and Answers for Small Businesses: The Final Rule Implementing the ADA Amendments Act of 2008

Exhibit 7.27 Fact Sheet: The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work

Chapter 8 DISCRIMINATION BASED ON RELIGION

§ 8.01 Overview

§ 8.02 Claims of Discrimination Based on Religion

§ 8.03 Religious Nature of Practice or Belief

§ 8.04 Reasonable Accommodation

§ 8.05 Undue Hardship

§ 8.06 Selection Practices

§ 8.07 Training Programs

§ 8.08 Religious Objections to Unionism

§ 8.09 Muslims and Religious Discrimination After September 11, 2001

§ 8.10 Employment Discrimination Claims Against Religious Institutions and Organizations

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 8-1 Guidelines on Discrimination Because of Religion and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 8.1 Fact Sheet on Religious Discrimination

Exhibit 8.2 “New Age” Training Programs Which Conflict with Employee's Religious Beliefs (EEOC Compliance Manual Excerpt)

Chapter 9 HANDLING COMPLAINTS OF DISCRIMINATION

§ 9.01 Overview

§ 9.02 Responding to Internal Complaints

§ 9.03 Charges of Discrimination Filed with the EEOC and State Agencies

§ 9.04 Reviewing the Notice and Charge

§ 9.05 Conducting an In-House Investigation

§ 9.06 Writing the Position Statement

§ 9.07 What Happens to the Position Statement

§ 9.08 Agency Analysis and Determination

§ 9.09 Avoiding Retaliation

§ 9.10 Retaliation for Opposition Activity

§ 9.11 Retaliation for Participation Activity

§ 9.12 Adverse Employment Action

§ 9.13 Causation

ANNOTATED REGULATIONS/GUIDELINES (ARG)

ARG 9-1 Procedural Regulations and Case Annotations

EEOC RESOURCE MATERIALS

Exhibit 9.1 EEOC Enforcement Guidance on Retaliation and Related Issues

Table of Cases

United States Code

Code of Federal Regulations

Immigration Reform and

Control Act

Index

About The Experts
Volumes