On June 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) launched a new webpage that explains two processes the agency may use to enforce federal fair employment laws even when no individual has filed a charge against an employer. These two processes—known as commissioner charges and directed investigations—are in addition to the more common procedure of EEOC field offices…

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On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQs were added to guidance that the EEOC previously issued…

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In response to the coronavirus (COVID-19) pandemic, states have passed new laws and issued new regulations and guidance about employee leave taken for COVID-19 reasons. These provisions are in addition to the federal Emergency Paid Sick Leave and Emergency Family and Medical Leave Expansion requirements passed on March 18 as part of the Families First…

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    Q: Is it illegal to ask job applicants about former arrests and convictions?   A: Caution is advised when inquiring about an applicant’s criminal history. Asking about arrests violates laws put in place by the Equal Employment Opportunity Commission (EEOC) because arrests have a record of being biased against persons with protected statuses,…

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  Q: Which questions should be avoided during the interview process?   A: There isn’t an exhaustive list of questions employers should avoid asking, but employers need to be careful that any questions asked cannot be interpreted as discriminatory. To help avoid discrimination claims, information requested from the applicant should be directly related to the…

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On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the coronavirus / COVID-19 pandemic. The additional FAQs were added to guidance that the EEOC originally issued on March 18, 2020, and updated on…

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After observing a 30-day nonenforcement period to help employers come into compliance with new paid leave rules, the U.S. Department of Labor (DOL) has announced that it is fully enforcing all provisions of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires private employers with fewer than 500 employees and certain government employers to…

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On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the coronavirus / COVID-19 pandemic. The additional FAQs were added to guidance that the EEOC originally issued on March 18, April 9, and April…

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This table helps employers understand which leave benefits (if any) apply to employees in various coronavirus-related situations. The information in this table is for informational purposes only and should not be construed as legal advice. It is meant to give a general picture of benefits available in certain COVID-19 work-related situations. Please note that this…

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This HR Toolkit provides an overview of pressing issues employers face, including vital information on new federal laws such as the Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, CARES Act, HIPAA privacy considerations, layoffs and furloughs, tax credits and much more. Note, due to the developing nature of the pandemic, the guidance in…

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