August 2020

EEOC Announcement August 5, 2020

The EEOC releases Technical Assistance Documents on Opioid Addiction and Employment. The U.S. Equal Employment Opportunity Commission (EEOC) today released two new technical assistance documents that address concerns about the employment provisions of the Americans with Disabilities Act (ADA) and the opioid epidemic. The first document is called “Use and Misuse of Codeine, Oxycodone, and Other Opioids: Information for Employees” and the second document is called “How Health Care Providers Can Help Current and Former Patients Who Have Used or Misused Opioids Stay Employed”. 

OFCCP Deadline August 4, 2020

The Voluntary Self‐Identification of Disability Form” must be implemented by contractors into their applicant and employee systems and processes by this deadline date. The Office of Management and Budget (OMB) approved use of a revised self-identification form on May 5, 2020. The new form expires on 5/31/2023.  The Office of Federal Contract Compliance Programs (OFCCP) recognizes that federal contractors and subcontractors will require time to incorporate the revised form into their electronic systems. Contractors must continue use of the form approved by OMB in 2017 until they have incorporated the revised form.

EEOC Announcement August 3, 2020

The EEOC announced that it will begin issuing charge closure documents that were suspended because of the COVID-19 pandemic. The EEOC has continued enforcing the nation's employment non-discrimination laws during the COVID-19 pandemic while ensuring that all of our activities are consistent with public health guidelines. On March 21, 2020, in response to the COVID-19 pandemic, the EEOC temporarily suspended the issuance of charge closure documents unless a charging party requested them. Recognizing that further delays in issuing charge closure documents could negatively impact both parties’ ability to protect and exercise their rights effectively, the EEOC is resuming its issuance of these documents.

OFCCP Final Rule Stage August 2020

The proposed rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption”, Publication ID: Spring 2020, specifies that the OFCCP plans to update its regulations to comply with current law regarding protections for religion-exercising organizations  This NPRM was originally dated 8/5/19 with a comment period end date of 9/16/19.

What Prompted OFCCP to issue new Guidance on its Religious Exemption?

The purpose of Directive 2018-03, “Executive Order 11246 § 204(c), religious exemption” is to ensure OFCCP guidance is consistent with federal law related to religious freedom and religious accommodation, including recent U.S. Supreme Court precedents and Executive Orders, which OFCCP is obligated to follow. The religious exemption, which is part of Executive Order 11246 and its implementing regulations, permits religious organizations to make employment decisions on the basis of religion.

OFCCP Final Rule Stage August 2020

The “Nondiscrimination Obligations of Federal Contractors and Subcontractors Procedures to Resolve Potential Employment Discrimination” rule would revise regulations at 41 CFR parts 60-1, 60-2, 60-300, and 60-741, which implement the nondiscrimination and affirmative action provisions of Executive Order 11246 (as amended), section 503 of the Rehabilitation Act (as amended), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (as amended), respectively, to codify certain procedures and documents the OFCCP uses to resolve potential violations of these laws by federal contractors and subcontractors. This NPRM was originally dated 12/30/19 with a comment period end date of 1/29/2020.