What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

"Technical Assistance Questions and Answers - Updated on April 23, 2020

• All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus.
• The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), Title VII of the Civil Rights Act (which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy), the Age Discrimination in Employment Act (which prohibits discrimination based on age, 40 or older), and the Genetic Information Nondiscrimination Act.
• The EEO laws, including the ADA and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.
• The EEOC has provided guidance (a publication entitled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act [PDF version]), consistent with these workplace protections and rules, that can help employers implement strategies to navigate the impact of COVID-19 in the workplace. This pandemic publication, which was written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic. It has been updated as of March 19, 2020 to address examples and information regarding COVID-19; the new 2020 information appears in bold.
• The World Health Organization (WHO) has declared COVID-19 to be an international pandemic. The EEOC pandemic publication includes a separate section that answers common employer questions about what to do after a pandemic has been declared. Applying these principles to the COVID-19 pandemic, the following may be useful:..."
  COVID-19 and ADA

EEOC Issues Updated Covid-19 Technical Assistance Publication

"The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.

The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to anticipating return to work situations, making reasonable accommodations, and harassment.

In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context.  The agency will continue to monitor developments and provide assistance to the public as needed.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at  www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our  email updates..."
EEOC and COVID-19

Job Patterns for Minorities and Women in State and Local Government (EEO-4)

"As part of its mandate under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission requires periodic reports from public and private employers, and unions and labor organizations which indicate the composition for their work forces by sex and by race/ethnic category.

EEOC collects labor force data from state and local governments with 100 or more employees within 50 U.S. states and District of Columbia. The reporting agencies provide information on their employment totals, employees' job category and salary by sex and race/ethnic groups as of June 30 of the survey year. Since 1993 the EEO4 survey is conducted biennially in every odd-numbered year.,,"
Minorities and women in government

Job Patterns For Minorities And Women In Private Industry (EEO-1):2018

"As part of its mandate under Title VII of the Civil Rights Act of 1964, as amended, the Equal Employment Opportunity Commission requires periodic reports from public and private employers, and unions and labor organizations which indicate the composition of their work forces by sex and by race/ethnic category. Key among these reports is the EEO-1, which is collected annually from Private employers with 100 or more employees or federal contractors with 50 more employees.  Approximately 73,400 employers, representing 56.1 million employees, filed EEO-1 reports in 2018..."
Jobs for minorities and women

Digest of Equal Employment Opportunity Law

"This publication includes feature articles on timely issues in equal employment opportunity law, as well as summaries of recent Commission decisions and federal court cases, as they affect Federal government employees..."
EEOC law

Digest of EEOC Law(2019)

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is now available on the EEOC's website https://www.eeoc.gov/federal/digest/index.cfm.

"Harassment in the workplace remains a persistent problem," said Carlton M. Hadden, director of the EEOC's Office of Federal Operations (OFO).  "The article provides important information to assist federal stakeholders in their efforts to fight harassment."

The EEO Digest, a quarterly publication prepared by OFO, features a wide variety of recent Commission decisions and federal court cases of interest. The Digest also includes hyperlinks so stakeholders can easily access the full decisions that have been summarized. This edition of the Digest contains summaries of noteworthy decisions issued by the EEOC, including cases involving Attorney's Fees, Class Complaints, Compensatory Damages, Complaint Processing, Dismissals and Findings on the Merits. It also incudes cases discussing Remedies, Sanctions, Settlement Agreements, Stating a Claim, Summary Judgment, and Timeliness.

The summaries are neither intended to be exhaustive or definitive as to the selected subject matter, nor are they to be given the legal weight of case law in citations. In addition to the quarterly Digest, Commission federal sector decisions are available on the EEOC's website..."

EEOC law

EEOC Releases Fiscal Year 2018 Enforcement and Litigation Data

"The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended Sept. 30, 2018, are posted on the agency's website, which also includes detailed breakdown of charges by state.

The EEOC resolved 90,558 charges of discrimination.  Overall, the EEOC secured $505 million for victims in private sector, state and local government, and federal workplaces. The agency reduced the charge workload by 19.5 percent to 49,607. It achieved this through deploying new strategies to more efficiently prioritize charges with merit, more quickly resolve investigations, and improve the agency's digital systems. The agency handled over 519,000 calls to its toll-free number, 34,600 emails and more than 200,000 inquiries in field offices, reflecting the significant public demand for the EEOC's services.

"The EEOC had a remarkable year working on behalf of those who came to the agency having experienced discrimination in their workplaces," said EEOC Acting Chair Victoria A. Lipnic. "Our fiscal year 2018 final statistics reflect significant  recoveries for individuals through our administrative enforcement and our litigation program.  The statistics also indicate the EEOC has been handling its workload in a more efficient manner, expanding tools to provide better timelier service to the public while sharpening our focus on meritorious charges and those that advance the public interest. The statistics reflect the agency's successes in taking advantage of new strategies to bring about the lowest inventory of private sector charges in a dozen years. Further, we cannot look back on last year without noting the significant impact of the #MeToo movement in the number of sexual harassment and retaliation charges filed with the agency. Last year was an incredibly important and productive year for the agency and my thanks go out to all of the staff who rose to the occasion," added Lipnic..."
EEOC enforcement data

New 'Digest of EEO Law' Issued by EEOC

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available on the EEOC's website.

"The Digest of EEO Law is a great resource for the federal sector EEO community," said Carlton Hadden, Director of OFO.  "We welcome your comments or suggestions for future topics by emailing us at federalsectorEEO@eeoc.gov."

The EEO Digest, a quarterly publication prepared by OFO, features a wide variety of recent Commission decisions and federal court cases of interest. The Digest also includes hyperlinks so that stakeholders can easily access the full decisions which have been summarized. This edition of the Digest contains summaries of noteworthy decisions issued by EEOC, including cases involving: Compensatory Damages, Complaint Processing, Dismissals, Findings on the Merits, Mixed Motive, Remedies, Sanctions, Settlement Agreements, Stating a Claim, Summary Judgment, and Timeliness..."
EEO Law

EEOC Releases Preliminary FY 2018 Sexual Harassment Data

"The U.S. Equal Employment Opportunity Commission (EEOC) announced preliminary FY 2018 sexual harassment data today - highlighting its significant work this past fiscal year to address the pervasive problem of workplace harassment. What You Should Know: EEOC Leads the Way in Preventing Workplace Harassment recognizes key milestones of the agency to actively enforce the law, to educate and train workers and employers, and to share its expertise on new solutions to reduce harassing conduct in the workplace.

Combatting all forms of workplace harassment - whether based on sex, race, color, disability, age, national origin, or religion -- remains a top priority of the EEOC. "I am so proud of the EEOC staff who stepped up to the heightened demand of the #MeToo movement to make clear that workplace harassment is not only unlawful, it is simply not acceptable," said Acting Chair Victoria A. Lipnic. "As the agency with expertise, as the enforcer of the law, and as an educator, the EEOC has continued to lead the way to achieve the goal of reducing the level of harassment and to promote harassment-free workplaces.

Based on preliminary data, in FY 2018:

• The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase in suits challenging sexual harassment over fiscal year 2017.
• In addition, charges filed with the EEOC alleging sexual harassment increased by more than 12 percent from fiscal year 2017.
• Overall, the EEOC recovered nearly $70 million for the victims of sexual harassment through litigation and administrative enforcement in FY 2018, up from $47.5 million in FY 2017.."
  Sexual harassment data

EEOC Sues The University of Wisconsin System for Age Discrimination

:"The University of Wisconsin System violated  federal law when it refused to hire a former longtime employee because of her age,  the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit  filed today.

According to the EEOC's lawsuit, Bambi Butzlaff Voss, who  was 53 years old and subject to a layoff from her job as a Marketing and  Communications Specialist at the University of Wisconsin's Waukesha campus,  applied for six different positions with the University of Wisconsin System's  central office in Madison, including an Associate Marketing and Communications  Specialist position. Butzlaff Voss had 25 years of experience performing tasks  similar, if not identical, to the ones in the position she applied for. But,  because of Butzlaff Voss's age, the University refused to hire her. Instead, it  hired a 23-year-old candidate with less than two years of experience

Such alleged conduct violates the Age Discrimination in  Employment Act of 1967 (ADEA). The EEOC sued in U.S. District Court for the  Western District of Wisconsin (EEOC v. Board of Regents of the University of  Wisconsin System, Civil Action No: 3:18-cv-00602) after first trying to settle  through its conciliation process. The lawsuit asks the court to order the  University to hire Butzlaff Voss and provide back pay as well as pay liquidated  damages. The lawsuit also seeks a permanent injunction prohibiting the  University from discriminating against future candidates based on their age..."
UW System age discrimination

Program Evaluation: Recruitment & Hiring Gender Disparities in Public Safety Occupations

"The Equal Employment Opportunity Commission (EEOC) has the responsibility to provide guidance to federal agencies on all aspects of the Federal Government’s equal opportunity program and to aid all agencies to become model employers. One step to becoming a model employer is eliminating any barriers for protected groups to employment or advancement. In keeping with that responsibility, the EEOC conducts annual program evaluations to: 1) ensure compliance with the civil rights laws, regulations, and Commission directives enforced by EEOC; 2) identify best practices employed by agencies that can be shared with other agencies; and 3) provide technical assistance and/or advice to an agency where program deficiencies are uncovered. Program evaluations are initiated through recommendations that may arrive from multiple sources including, the EEOC Chair, Commissioners, Office of Federal Operations (OFO) or Office of Field Programs (OFP) management, EEOC Administrative Judges, and OFO staff members, as well as from outside sources such as Congress, federal agencies EEO staff, other federal agency employees, and media sources. The EEOC also surveys its own employees to gather recommendations of topics for program review..."
EEOC Gender Disparity

EEOC Releases Fiscal Year 2017 Enforcement And Litigation Data

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced that 84,254 workplace discrimination charges were filed with the federal agency nationwide during fiscal year (FY) 2017, and secured $398 million for victims in the private sector and state and local government workplaces through voluntary resolutions and litigation. The comprehensive enforcement and litigation statistics for FY 2017, which ended Sept. 30, 2017, are posted on the agency's website.

The EEOC resolved 99,109 charges in FY 2017 and reduced the charge workload by 16.2 percent to 61,621, the lowest level of inventory in 10 years. The agency achieved this by deploying new strategies to more efficiently prioritize charges with merit, more quickly resolve investigations, and improve the agency's digital systems. The agency handled over 540,000 calls to its toll-free number and more than 155,000 inquiries in field offices, reflecting the significant public demand for the EEOC's services..."
EEOC enforcement data

AMERICAN EXPERIENCES VERSUS AMERICAN EXPECTATIONS:An updated look at private sector employment for Women, African Americans, Hispanics, Asian Americans and American Indians/Alaskan Natives in celebration of the EEOC's 50th Anniversary

"American Experiences versus American Expectations illustrates the significant changes to the United States workforce during the 50 years since the Equal Employment Opportunity Commission (EEOC) opened its doors in 1965. The report is an updated look at the groundbreaking 1977 EEOC research Black Experiences Versus Black Expectations. Written by Dr. Melvin Humphrey, EEOC's then-director of Research, Black Experiences versus Black Expectations was the first major EEOC research report to use data collected through the EEO-1 survey to focus on the issue of racial inequality in the workforce. The report's title came from the gap between African American employment experiences in the workforce and expectations based on fair-share employment levels, defined at the time as the number of minorities employed at a rate equal to their employment availability. 
American Experiences versus American Expectations focuses on changes in employment participation from 1966 to 2013 not only for African Americans but also for Hispanics, Asian Americans, American Indians/Alaskan Natives, and women. The participation rate represents the percentage of workers from each demographic group that hold positions in the variety of categories reported in the EEO-1 survey.
Beginning in 1966 all employers with 100 or more employees (lower thresholds apply to federal contractors) have been required by law to file the Employer Information Report EEO-1 with the EEOC. In FY 2013 approximately 70,000 employers filed an EEO-1. These forms indicate the composition of an employer's workforces by sex and by race/ethnic category[1]. The EEO-1 form collects data on nine major job categories.."
Minorities and Women employment data

Digest of EEO Law

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available on the EEOC's website.

This edition (Fiscal Year 2017, Volume 4) features a special article entitled, "Race Discrimination in the 21^st Century Workplace." The comprehensive article discusses the legal prohibitions on race discrimination in the workplace, as well as recent issues of race discrimination.

"Unlawful race discrimination is one of the most frequently raised bases in EEO complaints," said Carlton M. Hadden, director of EEOC's Office of Federal Operations (OFO). "This article provides timely and important information regarding race discrimination in the workplace."

The EEO Digest, a quarterly publication prepared by OFO, features a wide variety of recent Commis­sion decisions and federal court cases of interest. The Digest also includes hyperlinks so that stakeholders can easily access the full decisions which have been summarized. This edition of the Digest contains summaries of noteworthy decisions issued by EEOC, including cases involving: Agency Processing, Attorneys' Fees, Class Complaints, Compensatory Damages, Dismissals, Findings on the Merits, Official Time, Remedies, Sanctions, Settlement Agreements, Stating a Claim, Summary Judgment, and Timeliness..."
EEOC Law

EEOC Launches Online Inquiry and Appointment System for the Public in Five Offices

"The U.S. Equal Employment Opportunity Commission (EEOC) announced today that five of its offices have launched a new Online Inquiry and Appointment System. The system will allow individuals to electron­ically submit initial inquiries and requests for intake interviews with the agency. Initial inquiries and intake interviews are typically the first steps for individuals seeking to file a charge of discrimination with EEOC.

The EEOC receives about 200,000 inquiries per year through the mail, in person, and by phone. About 90,000 of those inquiries become formal charges of discrimination filed with the agency, making the charge-filing process the agency's most common interaction with the public. This new online system is part of the EEOC's ACT Digital initiative to improve service to the public, streamline the administrative process, and reduce the use of paper submissions and files.

The EEOC launched the new Online Inquiry and Appointment System on March 13 in the following five offices: Charlotte, Chicago, New Orleans, Phoenix and Seattle. People living or working within 100 miles of these EEOC offices will be able to use the online system to submit an inquiry and schedule an intake interview. Individuals can access the Online Inquiry and Appointment System at https://publicportal.eeoc.gov/Portal/ or from EEOC's website at https://www.eeoc.gov/employees/online_inquiry.cfm. The agency plans to evaluate the public's experience with the new system in these five offices prior to a nationwide rollout later this fiscal year..."

EEOC Online Inquiry

New 'Digest of EEO Law' Issued by EEOC

" The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available online.

The EEO Digest, a quarterly publication prepared by EEOC's Office of Federal Operations (OFO), features a wide variety of recent Commission decisions and federal court cases of interest. Additionally, the Digest includes hyperlinks so that stakeholders can easily access the full decisions which have been summarized.

"This annual special round up of noteworthy case decisions provides a one-stop location for federal sector stakeholders," said Carlton M. Hadden, director of OFO. "The Digest of EEO Law is a great resource for the federal sector EEO community. We welcome your comments or suggestions for future topics by emailing us at ofo.eeoc@eeoc.gov."

This special edition of the Digest (FY 2017, Volume 1) contains summaries of noteworthy decisions issued by EEOC, including cases involving: Agency Processing, Attorneys' Fees, Class Complaints, Compensatory Damages, Dismissals, Findings of the Merits, Remedies, Sanctions, Settlement Agreements, Stating a Claim, Summary Judgment, and Timeliness. The summaries are neither intended to be exhaustive or definitive as to the selected subject matter, nor are they to be given the legal weight of case law in citations..."

EEOC Law

EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

"The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what federal agencies must do to comply with their legal obligation to engage in affirmative action in employment and otherwise serve as "model employers" for individuals with disabilities. The regulations do not impose any obligations on private businesses or state and local governments. EEOC has also published a question-and-answer document on the regulations.

Section 501 of the Rehabilitation Act requires federal agencies to create affirmative action plans for the employment of people with disabilities, and to submit those plans to EEOC for approval. On May 15, 2014, EEOC published an Advance Notice of Proposed Rulemaking (ANPRM) asking for public input on how the EEOC should revise its regulations to clarify what an affirmative action plan must include. On Feb. 24, 2016, the Commission proposed regulations based on the input received, and sought further public comment on their proposals in a Notice of Proposed Rulemaking.

Today, the final regulations reaffirm the federal government's commitment to being a model employer of people with disabilities. The rule consolidates existing requirements from a variety of sources, such as the existing requirements that federal agencies have written reasonable accommodation procedures and seek out qualified job applicants with disabilities. The regulations also include new representation goals for employees with disabilities in the federal workforce and enhanced support requirements that will enable more persons with disabilities to seek federal employment..."
Affirmative Action and Disabilities

EEOC Issues Publication on the Rights of Job Applicants and Employees With Mental Health Conditions

"The U.S. Equal Employment Opportunity Commission (EEOC) today issued a resource document that explains workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990 (ADA).

Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights explains that job applicants and employees with mental health conditions are protected from employment discrimination and harassment based on their conditions. They may also have a right to reasonable accommodations at work. Reasonable accommodations are work adjustments that can help individuals to perform their jobs and remain employed. The resource document also answers questions about how to get an accommodation, some types of accommodations, restrictions on employer access to medical information, confidentiality, and the role of the EEOC in enforcing the rights of people with disabilities.

EEOC charge data shows that charges of discrimination based on mental health conditions are on the rise. During fiscal year 2016, preliminary data shows EEOC resolved almost 5,000 charges of discrimination based on mental health conditions, obtaining approximately $20 million for individuals with mental health conditions who were unlawfully denied employment and reasonable accommodations..."

Job rights and mental health

Digest of EEOC Law(2016)

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available online.

This edition (Fiscal Year 2016, Volume 4) features a special article entitled Discrimination on the Basis of Mental Health Conditions Under the ADA and Rehabilitation Act.

"Unlike physical disabilities, which are often recognizable, mental health impairments are often hidden," said Carlton M. Hadden, director of EEOC's Office of Federal Operations (OFO). "Federal agencies should be mindful of the unique needs and obstacles that employees with mental health conditions face in the workplace."

The EEO Digest, a quarterly publication prepared by OFO, features a wide variety of recent Commission decisions and federal court cases of interest. The Digest also includes hyperlinks so that stakeholders can easily access the full decisions which have been summarized..."

EEOC Law

EEOC Releases New Online Resource Center for Small Businesses

"The U.S. Equal Employment Opportunity Commission (EEOC) released today a new online resource center designed to help small business owners comply with the laws enforced by EEOC.

The Small Business Resource Center (SBRC), located on EEOC's public website at www.eeoc.gov, provides a user-friendly one-stop source for information on federal employment anti-discrimination laws. The Resource Center was designed for the busy small business owner who needs information both quickly and in a format that is easy to understand. In addition to providing general information on EEOC's laws and ways in which EEOC can assist small businesses, there are also answers to frequently asked questions, guidance in making employment decisions and tips for small businesses on a variety of potential workplace discrimination issues.

EEOC is also launching the first in a series of short videos for small business owners on frequently asked compliance questions. The videos feature EEOC employees from across the country addressing topics, such as responding to an EEOC discrimination charge, and many helpful strategies for small businesses to follow when they start the hiring process..."

Smalll Business resources