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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

EEOC Archives

EEO-1 Report Change

In a statement issued on August 29, 2017, the Acting Chair of the Equal Employment Opportunity Commission - Victoria Lipnic, announced that she had received from the Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) - Neomi Rao - Administrator - informing her (Ms. Lipnic) that the OIRA was initiating a comprehensive review and issued an immediate stay of the "effectiveness of the pay data collection aspects of the EEO-1 Form".

New EEO-1 Report

While there is no requirement for Employers to file an EEO-1 Report during Calendar 2017, do not start celebrating too quickly. The "New and Improved" EEO-1 Reports are due by March 31, 2018 and require expanded/new reporting requirements. These new/expanded reporting requirements not only require reporting with regard to race, ethnicity, gender, etc., but also require reporting on the basis of total compensation and total hours worked by race, ethnicity, gender, EEO-1 category and designated salary bands.

Trump Names a New Chair to Head the EEOC

President Trump has appointed Janet Dhillon, an attorney from the mega law firm, Jones Day, to serve as Chair of the Equal Employment Opportunity Commission. Ms. Dhillon's background with a law firm that represents businesses is expected to bring a better appreciation of employers and the challenges they face in complying with a growing number of civil rights laws and regulations in the workplace.

EEOC - Fiscal Year 2016

The Equal Employment Opportunity Commission (EEOC) has recently released statistical data on its Enforcement/Litigation for Fiscal Year 2016 (October 1, 2015 - September 30, 2016). A total number of 91,503 Charges of Workplace Discrimination were filed in FY 2016, which is approximately a 3% increase in Charges from FY 2015. Furthermore, over the twelve (12) month Fiscal Year period, the EEOC resolved 97,443 Charges and secured more than $482 Million for affected Employees. The EEOC responded to well over 585,000 calls and more than 160,000 inquiries to its various Field Offices.

EEOC Prioritizes National Origin Discrimination in the Workplace

It is likely pure coincidence that the EEOC issued its position on national origin discrimination within days of the November elections. The guidelines went into effect on November 21, 2016, modifying the EEOC's previous position on national origin discrimination, issued 15 years ago. The current guidelines are consistent with the EEOC's Strategic Enforcement Plan (SEP) for 2017-2021, which identifies the rights of immigrants as a top priority for the agency.

EEOC Issues New Enforcement Guidance on Workplace Retaliation

For the first time since 1998, the EEOC has published updated guidance on workplace retaliation. Retaliation charges are by far the most common and fastest growing type of claim filed with the EEOC, comprising nearly 45 percent of all charges it now receives. Given the surge in retaliation claims and the additional attention these claims are receiving from the EEOC, employers need to know what activities are protected from retaliation.

The Big 3: Three Major Takeaways from the EEOC's New Guidance on Retaliation Claims

A lot has changed since the EEOC last updated its stance on retaliation claims 18 years ago. Most notably, retaliation claims have skyrocketed. In fact, the number of retaliation claims filed with the EEOC has increased 119% since 1998. Retaliation claims are so common that they accounted for nearly 45% of all EEOC charges filed in 2015. It is against this backdrop that the EEOC issued its most recent enforcement guidance on retaliation. Here are three big takeaways for employers:

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