HSB Blog
EEO-1 Form Updated to Include Pay Data
October 03, 2016
By: Perry MacLennan
The Equal Employment Opportunity Commission (“EEOC”) just released an updated EEO-1 reporting form that requires employers to provide employee pay data beginning in March 2018.
Another Win for Wellness
September 23, 2016
On Monday, September 19, the U.S. District Court for the Eastern District of Wisconsin issued an opinion finding that penalizing an employee by requiring the employee to pay the entire premium for participation in an employer’s healthcare plan if the employee refused to complete a voluntary health risk assessment to participate in the employer’s wellness program did not violate the Americans with Disabilities Act (ADA).
EEOC Seeks Comments on Proposed Enforcement Guidance to Address National Origin Discrimination
June 27, 2016
The EEOC recently issued Proposed Enforcement Guidance to address national origin discrimination, which noted that 11% of the charges of discrimination received from the private sector allege national origin discrimination. The guidance is meant to assist EEOC’s staff investigating national original charges and EEOC lawyers instituting litigation, as well as to assist employers and employees. Once adopted, the guidance will supplant the section in the EEOC Compliance Manual addressing national origin discrimination.
Final Rules on Employer Wellness Programs
June 23, 2016
The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.
The EEOC Just Said Harassment Training Doesn’t Work?
June 20, 2016
The U.S. Equal Employment Opportunity Commission’ (EEOC) commissioned a Select Task Force on the Study of Harassment in the Workplace which concluded that the past 30 years of corporate training has had no effect on preventing workplace harassment.
What to Know About the “Bathroom Bills”
April 19, 2016
By: Perry MacLennan
If you have been following the news the last few weeks, you probably heard about North Carolina’s controversial new law that blocks local governments from allowing transgender individuals from using public restrooms that correspond with their gender identity.
A Win for Wellness Programs
February 09, 2016
The EEOC’s thwarting of otherwise compliant wellness programs under the auspices of the Americans with Disabilities Act (ADA) is a bone of contention for many in our industry, me included. So I was intrigued to learn that a Wisconsin federal district court recently ruled that an employer may require mandatory participation in its wellness program as a condition of participating in the employer’s group health plan under the ADA’s safe harbor provision.
Federal Government Announces Plan to Collect Pay Data from Large Employers
February 01, 2016
By: Perry MacLennan
The White House, Equal Employment Opportunity Commission (“EEOC”), and Department of Labor (“DOL”) announced Friday, January 29, a new plan to address payment discrimination against women and minorities. Under the proposed plan, the federal government intends to collect pay data from employers with over one hundred employees.
Court's Ruling Requiring the EEOC to Reconsider Its "Wellness" Regulations
August 30, 2017
The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that any reward or penalty renders participation involuntary.
Long Awaited Guidance from the EEOC Regarding Wellness Programs!
April 22, 2015
The EEOC has issued its long-awaited guidance on wellness programs and what is considered involuntary under the ADA.