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EEO-1 Component 2 Reporting for 2017 AND 2018 is Due September 30, 2019

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All Employers subject to EEO-1 Reporting

EFFECTIVE

May 1, 2019

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The Equal Employment Opportunity Commission (EEOC) recently issued reinstatement of EEO-1 expanded data collection requirements and posted notice on its website that EEO-1 filers are required to submit Component 2 data for calendar years 2017 AND 2018 by September 30, 2019. (EEO-1 filers include employers with one hundred or more employees as well as certain contractors with more than fifty employees.) This has been an ongoing issue since the requirement to collect Component 2 data was implemented in 2016, and the Office of Management and Budget’s (OMB) attempt to block its implementation in 2017. As previously reported, in Nat’l Women’s Law Ctr. v. Office of Mgmt. & Budget, a federal judge in the D.C. Circuit Court stated that the OMB failed to demonstrate good cause for staying the release of the updated EEO-1 report form.

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D.C. Circuit: Browning-Ferris Joint-Employer Standard Upheld

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All Employers with DC Employees

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December 28, 2018

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In Browning-Ferris Industries v. NLRB, the D.C. Circuit Court stated that the National Labor Relations Board’s (NLRB) standards of “right to control” and “indirect control” are appropriate factors to determine joint-employer status on a fact-based, case-by-case basis.

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Washington, D.C.: ADA Accommodations May Be Required to Alleviate Pain While Working

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All Employers with Washington, D.C. Employees

EFFECTIVE

August 1, 2018

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(888) 378-2456

In Hill v. Associates for Renewal in Education, Inc., the D.C. Circuit Court stated that although an ADA accommodation may not be necessary for an employee to perform his job, it may be required to alleviate an employee’s pain while working. There, a teacher with a leg prosthesis and leg injury requested an accommodation for pain that occurs when walking up stairs to his classroom and standing for long periods. Initially, the request was accommodated, but later the employer withdrew the accommodations. The teacher subsequently filed a claim alleging disability discrimination and a hostile working environment based on the denial for an accommodation.