On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the use of software, algorithms, and artificial intelligence (AI) for employment decisions under Title VII of the Civil Rights Act of 1964. This guidance comes as
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Shawe Rosenthal Blogs
Latest from Shawe Rosenthal
Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance
By Fiona W. Ong
Throughout the COVID-19 pandemic, the EEOC has provided guidance to employers on how the federal anti-discrimination laws interact with COVID-19. This guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws, was…
Menstrual Leave Redux
By Fiona W. Ong
Way back in 2016, I wrote a blog post on menstrual leave, in which I suggested that menstrual leave (the concept of giving women up to 3 or so days of leave during THAT time of month) was not…
NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct
The National Labor Relations Board (NLRB or the “Board”) announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act (NLRA). The…
Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers
By Fiona W. Ong
On May 1, 2023, President Biden issued a statement announcing the end of the federal COVID-19 vaccine mandates, including those impacting federal contractors and CMS-covered healthcare employers, among others. But what impact does this have on employer vaccine mandates?…
The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
By Fiona W. Ong
As I’ve mentioned before, in my spare time (a lot more, now that the kids are out of the house) I sometimes review the Equal Employment Opportunity Commission’s federal sector Digest of EEO Law (which they used to issue quarterly,…
Don’t Deny a Reasonable Accommodation that Exists – Really!
By Fiona W. Ong
So many EEOC lawsuits – so many lessons… Some recent announcements from the Equal Employment Opportunity Commission (which is the federal agency that enforces federal anti-discrimination laws) provide some lessons for employers on possible reasonable accommodations under the Americans with…
New Employment Laws in Maryland – Expedited Minimum Wage Increase, Changes to Paid Family and Medical Leave, and More (and a Webinar!)
The Maryland General Assembly’s 2023 session ended at midnight on Monday, April 10. Although there were fewer employment bills passed this year compared to recent years, several of them will have a significant impact on employers, including an expedited increase…
Code Words for Age Discrimination?
By Fiona W. Ong
Maybe it’s because I’m getting older (and crossed over that 40-year old cutoff for protection under the Age Discrimination in Employment Act (ADEA) a number of years ago), but a couple of recent lawsuit announcements from the Equal Employment Opportunity…
“I just didn’t see women working in the warehouse…”
By Fiona W. Ong
Many moons ago, when the ink was barely dry on my law school degree, I assisted a company with a compliance review by the Office of Federal Contract Compliance Programs. (In case you’re not familiar with the OFCCP, they enforce…