The U.S. Equal Opportunity Commission (EEOC) has released guidance concerning workplace harassment. The EEOC intends to provide more protection for workers in the workplace. As such, the proposed guidance “explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC.” 

What It Does for You

These laws provide significant protections for workers, such as prohibiting harassment based on protected characteristics. Protected characteristics include religion, race, sex, color, age (if 40 or over), national origin, genetic information, or disability. The guidance also provides several examples that show a variety of scenarios. 

These examples can help employers see how to handle different situations. Though employers must stay updated on workplace harassment laws, employees should familiarize themselves, too. A basic understanding of these rules and updates can assist employees in feeling safe in the workplace. It also allows you to protect your rights when faced with harassment.

Proposed Updates

Some of the proposed updates concerning workplace harassment deal with the increasing use of digital technology. It also addresses how the many social media and online content can make the workplace environment more hostile. Another change discusses the addition of harassment based on pregnancy, reproductive decisions, and childbirth to sex-based harassment. The law protects you from these examples and the following:

• The employer must inform you when they use information from your file against you.
• You have a right to know what information is in your file.
• You have a right to request your credit score.
• You can dispute information you believe is incomplete, unverifiable, or inaccurate.
• Employers must receive your consent before obtaining your consumer report.
• You may limit prescreened offers of insurance or credit based on the information in your credit report.

What to Do

If the consumer reporting agency is nationwide, you have the following rights under the FCRA:

• You can place a security freeze on your credit report. Security freezes prevent credit reporting agencies from releasing any information in your credit report without your permission.
• You may seek damages from violators.
• Active-duty military members or identity theft victims have additional rights.

Employers can face hefty fines and penalties for workplace harassment. In some cases, workers can choose to file a lawsuit. If you succeed in your lawsuit, you could receive actual damages, attorneys’ fees, costs, and punitive damages. 

These updates to the EEOC’s regulations will have significant benefits for employees and job seekers alike. However, these regulations will not prevent employers from taking action based on the results of a consumer report. As such, you should ensure the accuracy of your background checks by running a self-check. Self-background checks allow you to correct inaccuracies before employers see them.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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The U.S. Equal Employment Opportunity Commission (EEOC) has released new data concerning the 2023 fiscal year. It shows that the agency has significantly increased its litigation during this time. According to the EEOC’s announcement, filings of employment discrimination lawsuits increased by more than 50% over fiscal year 2022.

This increase marks a return to a far higher litigation activity than performed in recent years. The suit filings in the fiscal year 2023 reportedly included 25 systemic lawsuits, nearly double those filed in the three preceding fiscal years. It also noted 32 non-systemic class suits seeking relief for multiple harmed parties; another 86 desired relief for individuals.

Word From EEOC Chair

According to EEOC Chair Charlotte A. Burrows, “[t]he EEOC was created as a result of an enduring national commitment to protecting civil rights, and the agency’s work helps fulfill the promise of justice and equality for America’s workers. The EEOC’s litigation program is an important tool to ensure compliance with the nation’s anti-discrimination laws and promote equal employment opportunity when the Commission is unable to obtain voluntary compliance.”

The Addressed Issues

The issues underlying these cases represent a broad range of the laws enforced by the EEOC. These “includ[e] barriers in recruitment and hiring, protecting vulnerable workers and persons from underserved communities, qualification standards and inflexible policies that discriminate against individuals with disabilities, the long-term effects of the COVID-19 pandemic, advancing equal pay, combatting unlawful harassment, and preserving access to the legal system.” More specifically, a report from the law firm Seyfarth found that most of these lawsuits concerned Title VII and the Americans with Disabilities Act. 

This sudden increase in lawsuits began when the new EEOC Commissioner Kalpana Kotagal took the lead; another factor included the increase in budget. In the first three months of the 2023 fiscal year, the agency only filed three lawsuits. After the new commissioner took charge, Seyfarth stated that the agency filed 13 in August. Following this increase was 71 in September out of the 143 new lawsuits filed in fiscal year 2023.

Employers should renew their focus on compliance due to this increased enforcement activity. However, compliance has proven particularly crucial in the employment screening process. Whether for applicants or current employees, employers must provide fair, non-discriminatory background checks. They can ensure success and compliance with related laws by working with a background screening process.

JDP makes background checks easy and reliable. Speak with a compliance expert today.

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Since the rise of AI screening tools, job seekers have struggled to find and acquire job opportunities. This challenge caught the Equal Employment Opportunity Commission’s (EEOC) attention, urging the Commission to tackle the issue.

The Cause of These Guidelines

As of June, the EEOC established guidelines addressing employers’ use of AI and automated tools in their hiring process. The EEOC also warned employers against improperly using these tools. The Commission cited examples of misuse, including unwarranted rejection of candidates. Failure to adhere to the EEOC’s guidelines could lead to legal action for violating civil rights. Some speculate the EEOC’s motion likely happened due to a recent settlement it participated in.

According to the settlement, an online tutoring agency rejected candidates due to their age. The affected claimed the agency’s AI software screened out women 55 or older and men 60 or older. Removing these individuals from the pool of applicants resulted in over 200 candidates losing opportunities due to age.

This practice is a distinct violation of anti-discrimination laws. As such, the EEOC pursued a lawsuit against the company in 2022, which finished in 2023. The settlement required the tutoring group to pay $365,000 to those affected.

The Effect of AI

As a result, the EEOC has begun pushing back on AI to prevent discriminatory hiring practices. The Commission also stressed that employers retain liability for discrimination despite the AI tool discriminately approving and disapproving candidates. Employers maintain responsibility for the results of the technology they utilize.

Many speculate the 2022 case is the first but not the last. As more employers use AI tools in their hiring process, the likelihood of unintentionally violating applicants’ civil rights will increase. As such, the EEOC assures job seekers that the Commission will protect them and watch for claims of bias due to AI screening.

However, this does not mean job seekers will avoid AI in their search. Many employers rely on AI or automated programs in their recruitment process. Some have these tools scanning applications for keywords; others have them assisting HR with automated emails or notifications.

Regardless of where AI sees use, discrimination affects employers and applicants. Discrimination is more likely to appear during the background check process, which many employers require and have AI assistance. Consider running a self-background check to ensure AI will not discriminate against you for any reason. If it does, the EEOC is ready to hear your complaint and address the issue.

You can stay one step ahead of AI and automated screening tools by running a quick self background check. Click here to get started.

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The U.S. Equal Employment Opportunity Commission (EEOC) recently received a new Commissioner. EEOC Chair Charlotte A. Burrows, Vice Chair Jocelyn Samuels, and fellow Commissioners Keith E. Sonderling and Andrea R. Lucas have welcomed Kalpana Kotagal to the Commission. 

Commissioner Kotagal has an extensive history of working in litigation on behalf of women and other marginalized groups. Such litigation includes tackling employment and civil rights-focused cases. She has also advocated for diversity, equity, inclusion, and accessibility issues. Furthermore, she worked as a partner at Cohen Milstein. 

The Commitment

This partnership allowed her to address cases involving the Equal Pay Act of 1963 (EPA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and Affordable Care Act (ACA). She demonstrated her commitment to the issues above through these cases. As such, Commissioner Kotagal achieved membership in Cohen Milstein’s Civil Rights and Employment practice group while becoming chair of their Hiring and Diversity Committee.

Before becoming a part of Cohen Milstein, Kotagal acted as a law clerk for the Honorable Betty Binns Fletcher of the United States Court of Appeals for the Ninth Circuit. She graduated from Stanford University and the University of Pennsylvania School of Law. 

The U.S. Senate confirmed her nomination in July after President Joe Biden’s recommendation in April. Though intended as a bipartisan selection, the President typically nominates every member of the Commission. Kotagal’s indoctrination completes the Commission, as the EEOC must have five members.

The Press Release

EEOC Chair Burrows declared in a press release: “We are excited to welcome Kalpana Kotagal to the Commission. She has dedicated her career to advancing civil rights. Her creative approaches to ensuring equal opportunity, her legal expertise, and her commitment to workers will greatly benefit the Commission.”

In the same press statement, Commissioner Kotagal herself announced: “It’s an honor to start a new chapter as an EEOC Commissioner and an incredible opportunity to apply the experience from my previous work,” Kotagal said. “I look forward to working toward solutions for the issues facing today’s workforce alongside my colleagues on the Commission and in the agency.”

Those watching the EEOC can expect Kotagal’s name and input to appear in many of the Commission’s choices. As a commissioner of the EEOC, Kotagal will have a noticeable say in enforcing federal employment laws in the United States. One example includes employment screening regulated by many federal, state, and local laws.

As the EEOC welcomes its new commissioner, employers should consider reviewing their employment screening policies and ensure they comply with applicable regulations. One way to get started is by working with a trusted screening provider. The right partner can help with understanding EEOC guidelines for employment screening.

Background checks are made easy with JDP. Ask any questions you may have and learn more by contacting a sales rep today.

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The U.S. Equal Employment Opportunity Commission (EEOC) recently settled a lawsuit against a major online tutoring company. As a result, the company must pay $360,000 due to accusations of discriminating against older applicants. The suit revealed that the company programmed its recruiting software’s algorithm to eliminate applications from women aged 55 or older and men aged 60 or older.

The agency learned about this discrimination when an applicant claimed she received an immediate denial after applying with her actual birth date. This applicant applied with identical information and a different birth date the next day. According to the suit, she received an interview for the second application.

However, the company refuted all allegations during the settlement. It also disputed claims by the EEOC that its tutors are employees affected by the Age Discrimination in Employment Act of 1967 (ADEA). Instead, the company maintained its stance that all tutors are independent contractors.

The settlement agreement stipulates that the tutoring company must accomplish the following:

• Provide public notice about the settlement
• Create new anti-discrimination policies and complaint handling
• Provide appropriate training for managers
• Report to the EEOC, and
• Supply monetary relief to those impacted through the $365,000 payout.

This case further fueled cautions issued by the EEOC. For example, the agency warned that AI and algorithmic employment screening tools may perpetuate ageism, sexism, racism, and other biases in hiring. As proven in this suit, it can and does happen. The lawsuit alleged that these screening tools could cause employers to violate anti-discrimination rules. 

The EEOC has warned employers that AI tools could screen out applicants with disabilities based on inaccessibility. They advise companies using these tools to frequently self-evaluate to determine if their screening programs could result in discriminatory hiring practices. Furthermore, employers not involved in the tools’ development may find themselves liable for any discrimination from the tools’ use.

Any employer that utilizes AI or algorithmic screening tools should do their due diligence. For example, they should ask vendors to supply data on whether the tools screen out applicants from protected groups at higher rates. They should also check the accuracy of the information and whether the screening tool still perpetuates bias. The EEOC could hold the employer responsible for the results in either scenario.

Employers should stay abreast of the latest concerns in algorithm-based hiring tools to comply with EEOC’s recommendations. One way to ensure compliance is by partnering with a background check provider. The right partner can help businesses stay mindful of anti-discrimination rulings and avoid mistakes. While implementing AI or algorithmic screening programs may save time for HR, it is no substitute for a well-informed and helpful background screening partner.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Contact a sales rep today.

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