On January 12, 2021, the U.S. Equal Employment Opportunity Commission revisited the older EEO-1 component survey and set some deadlines for the 2020 EEO-1 filing and 2019’s EEO-1.
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WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that the Commission approved a formal opinion letter in response to a request asking for clarity regarding whether employees who are not U.S. citizens and work outside of the United States for American employers (or foreign firms controlled by American employers) are required to be included in disclosure requirements pursuant to provisions of the Older Workers Benefit Protection Act (OWBPA), which amended the Age Discrimination in Employment Act of 1967 (ADEA).
The opinion letter was approved by vote of the Commission on Jan. 13, 2021 as a written interpretation or opinion of the Commission under Section 7 of the ADEA and the Commission’s Regulations, including 29 C.F.R. § 1626.21. The opinion letter concludes that employers subject to the requirements of the ADEA are not required to include in OWBPA disclosures employees working o
The EEOC is extending its mediation program until September 30. I have long been a fan of the voluntary mediation program offered by the U.S. Equal Employment.
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WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Sharon Fast Gustafson and Commissioner Andrea Lucas today issued a report on a series of dialogue sessions on religious discrimination held in November and December 2020. During these sessions, stakeholders were invited to share how the EEOC can improve its development and litigation of religious discrimination claims.
The meetings were conducted by General Counsel Gustafson’s Religious Discrimination Work Group, chaired by Assistant General Counsel Christine Lambrou Johnson. Religious leaders, advocacy groups, and nonprofits participated in four sessions of tele-meetings. Participants heard from the General Counsel and Commissioner Lucas and were invited to offer insights into EEOC efforts to prevent and remedy religious discrimination.
Friday, January 15, 2021
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Opinion Letter: Older Worker Benefit Protection Act,” which clarifies that United States employers need not include non-U.S. citizen employees working outside of the United States as part of a “decisional unit” in the disclosure schedules attendant to waivers of age claims covered by the Older Workers Benefits Protection Act (OWBPA). This formal Opinion Letter represents the official position of the EEOC and provides a defense for employers who rely on its terms. 29 C.F.R. §§ 1626.21.
Disclosure schedules are hallmarks of the OWBPA, an amendment to the Age Discrimination in Employment Act (ADEA) that imposes specific requirements for waivers of federal age discrimination claims by workers age 40 or older in order for such waivers to be “knowing and voluntary.” 29 U.S.C. § 626(f). When a waiver is part of a group termination or exit incentive program