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5 Compliance Updates: September 2023

October 4, 2023

In today’s ever-evolving regulatory landscape, staying compliant with the latest legal updates is paramount to the success and integrity of any organization. In this article, we delve into five critical compliance updates that demand your attention.

1. EEO-1 Filing

The deadline for filing EEO-1 reports has been extended to Fall 2023 by the Equal Employment Opportunity Commission. This annual data collection requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data, including data by job category and sex and race or ethnicity, to the EEOC

2. AI Discrimination

The EEOC warns employers about possible AI-based discrimination in hiring and workplace decisions. A tutoring company paid $365,000 to settle a lawsuit accusing them of using application review software to reject older female and male applicants. Employers should be careful when setting up automated processes and regularly check the results to avoid unfair rejections.

3. Religious Accommodations

The U.S. Supreme Court announced that employers that deny religious accommodations need to demonstrate that the cost increase associated with granting the accommodation would be significantly burdensome in relation to their specific business conduct. Companies should consider this new policy when addressing employee requests.

4. Discrimination and Title VII

The recent decision by the 5th Circuit has broadened the standard for discrimination claims to include any “terms, conditions, or privileges of employment.” This means that employees now have a greater ability to bring discrimination claims against their employers. Companies should take note of this decision and review their policies to ensure that they are not engaging in unfair discrimination.

5. ADA/Commuting

A recent case saw the Seventh Circuit Court of Appeals ruling that employees with disabilities may be eligible for an ADA accommodation to assist them in getting to work when attendance in the workplace is essential and the accommodation is reasonable. The court examined the responsibilities of both the employer and employee in the specific case, but the ruling also has implications for employers who consider workplace attendance an essential job function in the wake of the pandemic.

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