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In its Bostock v. Clayton County, Georgia ruling in June 2020, the U.S. Supreme Court ruled that the prohibition on “sex” discrimination under Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis of sexual orientation and/or gender identity. The Bostock ruling raised, but did not decide, the question of whether or not other federal sex discrimination laws, such as Title IX of the Education Amendments of 1972 and the Fair Housing Act, might also inherently prohibit LGBTQ+ discrimination. While the Bostock ruling applies only to Title VII ...

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In the wake of President Biden’s issuance of executive orders requiring that certain employers in the country require COVID-19 vaccinations, some states, like Texas, are taking action to try to block these mandates. This raises the question of whether a state or local government can override federal vaccine requirements.

Federal Vaccine Mandates

On September 9, 2021, President Biden issued executive orders mandating COVID-19 vaccinations for federal employees, employees of certain health care entities, and certain employees of federal contractors and subcontractors ...

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EEOC Updates Guidance on COVID-19 and the ADA

On October 13, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding vaccination and other COVID-related workplace issues, providing businesses with important information as they continue to navigate evolving rules and regulations related to the pandemic. The key development from this round of updates is that the EEOC has now clarified that there is no cap or limit under federal employment discrimination laws enforced by the EEOC on the size of vaccine incentives offered by an employer to ...

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Effective October 1, 2021, Connecticut and Nevada join a chorus of other states – including, for example, California, Colorado, Maryland, Washington and Rhode Island - in implementing new pay disclosure laws.  Employers with employees in Connecticut and Nevada must now disclose wage and/or wage range information at various stages in the hiring process. Connecticut and Nevada’s new pay disclosure laws are designed to level the playing field for applicants, promote pay equity, and promote pay transparency and accountability.

Under Connecticut’s “An Act Concerning the ...

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Last month, on September 2, 2021, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which enforces federal government contractor requirements, rescinded a Trump-Era notice of intent not to use EEO-1 Component 2 employer pay data to analyze pay equity issues. The OFCCP stated that “it was premature to issue a notice stating OFCCP did not expect to find significant utility in the data.” 84 FR 49354 (September 2, 2021). The EEO-1 Component 2 Data was last collected by the federal government for calendar years 2017 and 2018 and consists of ...

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