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EEO-1 Report including Diversity Now Due in August

The Equal Employment Opportunity Commission (EEOC) has pushed back the deadline for the EEO-1 Report.  This is the annual survey that employers with more than 100 workers, and federal contractors with more than 50 workers, are required to submit annually.  The race, sex, ethnicity, and job data is now due by August 23, 2021.  The previous deadline was July 19.  

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Good Explanation of How Employers Do or Do Not Discriminate Among Similarly Situated Employees

The most common type of discrimination case is based on what the law calls "disparate treatment," which is often defined as treating employees of different races and sexes differently who are similarly situated in all material respects.  As a result, disparate treatment cases often turn on the issue of whether persons of different races or sexes are actually similarly situated.  A recent ruling for one employer in the Eleventh Circuit Court of Appeals does a good job of describing what these terms mean.  Stimson v. Stryker Sales Corp., No. 19-14997 (Nov. 30, 2020).  The case involves two employees disciplined in a different manner for the same "no lie, no cheat, no steal policy."  

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Status of Vaccine Incentives to Workers

The U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance in late May indicating that employers can offer bonuses and other incentives to encourage employees to get the COVID-19 vaccine.  However, if employers ask disability-related screening questions as part of the pre-vaccination process, employers must keep such worker vaccination information confidential. 

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Relaxed CDC Guidance Requires Employers to Set the Rules

In May, the Centers for Disease Control (CDC) issued new guidance that fully vaccinated people "can resume activities without wearing any mask or standing six feet apart, except where required by federal, state, local or territorial laws, rules and regulations, including local business and workplace guidance."  The CDC requirements define those who have been "fully-vaccinated" as meaning two weeks have passed since they received a single-shot vaccine or the second dose of a two-shot vaccine.  The immediate questions are whether the employers that want to loosen their mask requirements can have different rules for vaccinated or non-vaccinated employees, and whether such employers should be tracking vaccination status and requiring proof.  Then, on June 10, 2021, OSHA issued an Emergency Temporary Standard for (ETS) Healthcare and updated guidance for general industry.  

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