On April 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) held the first Commission meeting under the Biden Administration, a public hearing on “Workplace Civil Rights Implications of the COVID-19 Pandemic.” The primary focus of the hearing was on the pandemic’s devastating impact on the U.S. workforce. Twelve panelists testified about pandemic-related losses and amplified inequities suffered by people of color, Native Americans, people with disabilities, immigrants, older workers, and women, and by specific segments of the workforce, such as essential front-line and migrant workers. The panel also included the employer’s perspective and discussed the pandemic-related issues that employers are currently grappling with and are looking to the Commission for guidance.
The key takeaways from the wide-ranging hearing are:
While the Republican Commissioners continue to hold the majority of the Commission until mid-2022, employers should be on notice that the Commission could forge new ground beyond COVID-19 issues. Commissioner Sonderling and Commissioner Lucas expressed an interest in taking on challenging issues such as scrutinizing the role of AI during employee selection and Commissioner Lucas raised the possibility of revising Older Worker Benefit Protection Act regulations to provide greater transparency to older workers laid off during a RIF.
A more complete review of the issues raised during the hearing
is available here.
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