Coronavirus Lawsuits on the Horizon: Termination and Discrimination

As the COVID-19 pandemic spread throughout the country, many employers responded to this unprecedented and uncertain situation by furloughing and laying off some or all of their workforce. These actions already have spurred labor and employment lawsuits. And more are likely on the horizon, including as employees start returning to work.

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OFCCP Revises Voluntary Self-Identification Disability Form

The OFCCP announced on May 8, 2020 that it completed its awaited update to the Voluntary Self-Identification of Disability Form, which was recently approved by the Office of Management and Budget (OMB) and expires on May 31, 2023. Covered federal contractors and subcontractors have until August 4, 2020 to replace the old form.

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EEOC Pushes Back EEO Data Collections Until January and March 2021

The Equal Employment Opportunity Commission will delay the opening of the 2019 EEO-1 Component 1 (Employer Information Report), the 2020 EEO-3 (Local Report) and the 2020 EEO-5 (Elementary-Secondary Staff Information Report) until 2021, in light of COVID-19. Accordingly, EEO-1, EEO-3 and EEO-5 filers should begin preparing to submit data in 2021.

For the full alert, visit the Faegre Drinker website.

New York City Ban on Pre-Employment Drug Testing Takes Effect May 10, 2020

New York City employers should review their existing drug-testing policies to confirm that they are in compliance with the new law taking effect May 10, 2020 that prohibits them from requiring prospective employees to submit to testing for the presence of marijuana or tetrahydrocannabinols (or THC, the main psychoactive component of marijuana).

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Seventh Circuit: BIPA Claims Can Be Heard in Federal Court

Class action litigation under the Illinois Biometric Information Privacy Act (BIPA) has exploded over the last several years. An ongoing issue has been the proper forum for such cases, namely whether there is constitutional, Article III “standing” for BIPA claims to proceed in federal court. A May 5 ruling out of the Seventh Circuit Court of Appeals brought much-needed clarity to the issue by holding that a federal court could hear certain BIPA claims.

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OFCCP Issues Directives Regarding Mediation Procedures and Audit Efficiency

The Department of Labor Office of Federal Contract Compliance Programs (OFCCP) released three new directives on April 17, 2020 that formalize its mediation procedures, seek to further increase the efficiency of its compliance evaluations (audits) and expand the role of the agency’s Ombudsman. The OFCCP’s recent directives were designed to further reduce the burden on federal contractors, and further confirms that the agency remains operational and committed to its enforcement efforts.

For the full alert, visit the Faegre Drinker website.