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  • The U.S Equal Employment Opportunity Commission (EEOC) issued final regulations for implementing the Pregnant Workers Fairness Act (PWFA). PWFA went into effect on June 27, 2023, and requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer undue hardship.

    The PWFA only applies to accommodations such as temporary suspension of an essential job function if the employee can resume the essential function in the future. Other laws that the EEOC enforces make it illegal to fire or discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.

    Qualified Employees

    The EEOC’s regulations aim to clarify the definition and limitations of the PWFA. For example, the law only applies to qualified employees with limitations directly related to pregnancy, childbirth, or related medical conditions. Whether a condition qualifies will be determined based on the existing Title VII precedent.

    The regulations provide examples of possible reasonable accommodations under the PWFA, such as:

    • The ability to sit or drink water
    • Closer parking
    • Flexible work hours
    • Appropriately sized uniforms and safety gear
    • Additional break time for bathroom use, eating, and resting
    • Leave to recover from childbirth
    • Reassignment from strenuous or unsafe activities 

    A recent federal court ruling in Texas found that Congress lacked the required quorum to implement the PWFA, meaning the EEOC cannot enforce the law against the state. The PWFA does not replace any existing federal, state, or local laws that provide greater protections for pregnant or nursing workers.

    Partner With A PEO

    As most small business owners spend their days wearing many hats trying to grow their business, they don’t often have the time to stay on top of every government regulation change. This is where GMS can make all the difference. GMS employs a team of HR experts who closely monitor legislative updates and can provide you with the guidance you need.

    If you are interested in learning more about how GMS can help keep your business stay compliant with the changing government regulations while also lowering your risk management and benefit costs, contact us today! Let us be your trusted partner in navigating the complexities of employment law so that you can spend your time growing your business.

  • In a recent announcement, the U.S. Equal Employment Opportunity Commission (EEOC) has made a significant decision to postpone the deadline for employers to file their 2022 employment information reports (EEO-1). These reports are essential as they provide crucial workforce demographic data, including information on race, sex, and job categories.

    EEO-1 reports are required for the following:

    • Employers with 100 or more employees
    • Federal contractors with 50 or more employees

    The EEOC’s decision to extend the filing deadline is due to the ongoing renewal of the EEO-1 Component 1 data collection, overseen by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA).

    Understanding The Deadline Extension

    Previously, employers were expected to file their 2022 EEO-1 report by mid-July. However, in light of the necessary renewal process, the EEOC has pushed back the deadline to fall 2023. While an exact date is yet to be determined, this extension provides employers additional time to ensure accurate reporting and compliance with the EEO-1 requirements.

    The primary reason behind the deadline extension is the EEOC’s commitment to renewing the EEO-1 Component 1 data collection. This renewal process, mandated every three years, involves a comprehensive review and evaluation of the data collection methods and reporting obligations. By conducting this assessment, the EEOC aims to enhance the effectiveness, relevance, and integrity of the EEO-1 reports. The agency’s collaboration with the OMB under the PRA underscores its dedication to streamlining data collection and promoting transparency in workforce demographics.

    Why Employers Are Frustrated

    Employers typically have timelines and schedules in place to meet reporting requirements and deadlines. This extension may disrupt their existing plans, particularly since they have already allocated resources and set aside time to complete the EEO-1 reports by the original deadlines. In addition, employers may rely on the data collected through EEO-1 reports for decision-making processes related to workforce planning, diversity initiatives, and compliance. To maintain regulatory compliance, employers are expected to comply with various legal requirements, including filing EEO-1 reports. This extension prolongs the compliance period, and employers may view this as an added burden, particularly if they have already invested resources and efforts to meet the original deadline.

    Benefits Of The Postponed Deadline

    While some employers are frustrated with the postponed deadline, think of it this way; The new deadline offers an opportunity to review and ensure the accuracy of the date reported. Employers can take advantage of this extra time to conduct internal audits, validate the demographic information of their workforce, and rectify any potential errors or discrepancies. Accurate reporting is crucial for meaningful analysis and identifying potential areas of improvement in workplace diversity and inclusion.

    Partner With A PEO

    As employers navigate EEO-1 reporting and compliance challenges and intricacies, partnering with a professional employer organization (PEO) can provide various advantages. While the deadline extension for filing EEO-1 reports may have presented initial frustrations, a PEO such as GMS can help mitigate these concerns and offer invaluable support throughout the process.

    As a PEO, we specialize in HR and employment-related matters, including compliance with regulatory requirements. When you partner with us, you gain access to professionals well-versed in EEO-1 reporting and can offer guidance to ensure accurate and timely submissions. In addition, we utilize robust technology designed to streamline data collection and reporting processes. We can integrate with existing HR systems, simplifying the gathering of demographic data required for EEO-1 reports. We do it all at GMS, so you don’t have to. Contact us today to learn more.

  • The U.S. Equal Employment Opportunity Commission (EEOC) published a proposed strategic enforcement plan for fiscal years 2023-2027 on January 10th, 2023. This is important for business owners as you will most likely see a shift in enforcement by the EEOC with a larger budget, the possibility of new leadership, and revised strategic priorities. In 2022, there were six strategic priorities which included the following:

    • Eliminating barriers in recruitment and hiring
    • Preventing systemic harassment
    • Protecting vulnerable workers
    • Ensuring equal pay protection for all workers
    • Preserving access to the legal system
    • Addressing selected emerging and developing issues 

    The Strategic Enforcement Plan (SEP)

    The latest strategic enforcement plan (SEP) would modify the 2022 enforcement priorities if approved by the commission by:

    • Expanding the category of vulnerable workers to include individuals with intellectual and developmental disabilities, individuals with arrest or conviction records, LGBTQI+ individuals, elderly employees, temporary workers, individuals employed in low-wage jobs, and workers with limited literacy or English proficiency
    • Enhances the recruitment and hiring priority to include limiting access to on-the-job training, pre-apprenticeship programs, temp-to-hire positions, internships, or other job training or advancement opportunities based on protected status
    • Recognizes employers’ increasing use of artificial intelligence (AI) to target job advertisements, recruit applicants, and make or assist in hiring decisions
    • Updates the emerging and developing issues priority to include employment discrimination associated with the COVID-19 pandemic and additional threats to public health, violations of the recently enacted Pregnant Workers Fairness Act, and technology-related employment discrimination
    • Focuses on overly broad waivers, releases, non-disclosure agreements, and non-disparagement agreements

    The SEP aims to do more to combat employment discrimination, promote inclusive workplaces, and respond to the national call for racial and economic justice. It ultimately will help guide the EEOC’s work through all the agency’s activities, including outreach, public education, technical assistance, enforcement, and litigation.

    Stay Proactive, Partner With GMS

    Alongside these changes, the EEOC will most likely continue to place more scrutiny on employers’ use of technology and AI in recruiting, screening, hiring, and performance reviews. As a business owner, there are many laws and regulations you must comply with. However, mistakes are bound to happen. It’s hard to manage your daily duties as a business owner, let alone worry about the appropriate ways to recruit and hire employees. Fortunately, when you partner with GMS, our HR experts take on the administrative burdens of hiring and recruiting employees for you. We create a job description that won’t infringe on the use of AI and ensure you’re creating an inclusive workplace. Contact us today to learn more.

  • Unfortunately, discrimination in the workforce is still relevant and makes the workplace uncomfortable, unsafe, and unsustainable for those affected. Discrimination in the workplace happens when an individual or a group of people is treated unfairly or unequally because of these specific characteristics:

    • Race
    • Ethnicity
    • Gender identity
    • Age
    • Disability
    • Sexual orientation
    • Religious beliefs
    • National origin

    The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for protecting you from these specific characteristics. The laws enforced by EEOC protect individuals from employment discrimination when it involves the following:

    • Unfair treatment
    • Harassment
    • Denial of a reasonable workplace change
    • Improper questions about or disclosure of your genetic or medical information
    • Retaliation

    While the EEOC is responsible for protecting individuals from these factors, individual states enforce laws that help combat discrimination in the workplace.

    Additional Steps Georgia Is Taking 

    An ordinance passed by the Atlanta City Council amends its existing anti-discrimination law to include protections based on criminal history status and gender identity, which is effective immediately. Gender expression is the way individuals manifest masculinity or femininity through their clothes, hair, makeup, overall appearance, speech, or other behavior or form of personal presentation. The law amends existing law to include gender expression as an additional protected characteristic.

    In addition, the law makes it unlawful to discriminate based on the criminal history of applicants and employees. However, the ordinance allows employment decisions based on criminal records as long as the employer considers specified factors in certain decisions. The ordinance provides an exclusion that states, “Adverse employment decisions based on criminal history status shall not be considered a violation of the law if the criminal history is related to the position’s responsibilities.” This is determined by the following factors:

    • Whether the individual committed the offense
    • The nature and gravity of the offense
    • The amount of time since the offense
    • The nature of the job

    Additional Factors Of The Ordinance

    As stated in the Atlanta ordinance, employers can continue to follow state or federal laws barring employment in certain positions based on criminal convictions or violations. In addition, the ordinance adds gender expression and criminal history status to pre-existing prohibitions on “printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination in employment.”

    Stay Compliant With GMS’

    When you partner with GMS, our team of experts ensures you remain compliant. We’ve got you covered regarding anti-discrimination laws in the workplace. You must consider reviewing background check policies and procedures to ensure compliance with federal, state, and local laws. However, we understand how challenging that can be. At GMS, we take on the administrative burdens associated with hiring and recruiting. Contact us today to learn more.

  • The U.S. Equal Employment Opportunity Commission (EEOC) released the new ‘Know Your Rights’ poster on October 19th, 2022. The poster summarizes federal laws prohibiting job discrimination based on the following:

    • Race
    • Color
    • Sec
    • National origin
    • Religion
    • Age (40 and older)
    • Equal pay
    • Disability
    • Genetic information

    In addition, the poster explains how employees and job applicants can file a complaint if they believe they have experienced prohibited discrimination or retaliation. As the poster may share similarities to the previous poster released by the EEOC, the new version includes the following changes:

    • It uses straightforward language and formatting
    • It notes that harassment is a prohibited form of discrimination 
    • It clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity 
    • It adds a QR code for digital access to the “how to file a charge” webpage
    • It provides information about equal pay discrimination for federal contractors

    Ultimately, the new version makes it easier for employers to understand their legal responsibilities and for employees to understand their rights and how to get in touch with the EEOC.

    All covered employers are required by federal law to prominently display the poster at their work sites immediately. It must be placed where the employer and employee can see it. In addition, employers are encouraged to post a notice digitally on their websites. Covered employers are subject to fines for noncompliance.

    Ensure You Comply With Rules And Regulations 

    Complying with ever-changing rules and regulations is vital for the growth of your business. The last thing you need is an expensive fine for not complying with the laws and regulations you must follow as a business owner. When you partner with GMS, we take on that burden, so you don’t have to. Our experts work diligently with you to ensure you and your employees are safe and aware of all rules. Contact us today to learn more.

  • The seventh Circuit Court of Appeals rejected the Equal Employment Opportunity Commission’s (EEOC) on August 16th, 2022. This was to increase the scrutiny given to sex discrimination cases under the Pregnancy Discrimination Act and the Civil Rights Act of 1964. This ruling now means employers may exclude pregnant workers from light-duty work if they have a non-discriminatory reason.

    However, the Appellate Court rejected this argument and found that the Pregnancy Discrimination Act was entitled to heightened scrutiny or a “most favored nation status” amongst other types of discrimination. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

    Understanding Young V. UPS

    In 2015, the U.S. Supreme Court issued its decision in Young v. UPS, which employer and employee groups hoped would clarify whether employers must provide workplace accommodations to pregnant employees, following the same manner as they provide accommodation to employees who are injured on the job. In addition, the Supreme Court ruled that pregnant employees can claim disparate treatment by showing that they belonged to a protected class, requested accommodation, and could not receive it while the employer accommodated others who were similar in their physical limitations. The employer must show a legitimate, nondiscriminatory reason for denying the accommodation. If not, it’s a violation of federal law.

    A case back in 2017 regarded Walmart, which permitted light duty for workers that were injured on the job but did not offer light duty to pregnant workers or employees who were injured outside the job. The EEOC then argued that this instituted sex discrimination violated Title VII of the Civil Rights Act of 1964 and the PDA. However, Walmart required pregnant employees with lifting restrictions or other limitations to go on leave.

    In 2020, Walmart settled a different national class-action lawsuit that denied light-duty work to pregnant workers for $14 million and has overhauled the policy since then. A lawsuit was filed against Walmart in 2013 and 2014. These incidents pertained to denied accommodation requests. Walmart has since changed its policy as a result of the lawsuit.

    New Laws Have Been Enacted Since 2020

    Walmart has been an example for other companies to set the proper protocols in place. This has led additional states to pass laws prohibiting pregnancy discrimination. Over the last couple of years, there have been over 30 states that have enacted pregnancy accommodation mandates. In addition to these state mandates, employers are making decisions to open restricted-duty programs previously reserved for employees injured on the job to pregnant employees with restrictions.

    What This Means For Employers

    While rules and regulations are constantly evolving, it’s vital for the business owner to stay on top of them. When you partner with GMS, you no longer have to deal with the burdens of staying on top of regulatory changes. Our experts provide you with resources that enable you to focus on growing your business while we handle payroll, risk management, HR, and benefits. Contact us today to learn more.

  • According to the U.S. Equal Employment Opportunity Commission, employers are now able to dive into an employee’s symptoms, should they call in sick. Employers may ask all employees who physically remain in the office if they have COVID-19 or symptoms associated with COVID-19.

    In addition, employers are allowed to measure employees’ body temperature. However, should an employee have a fever, it is required that the employer keep that information confidential under the Americans with Disabilities Act (ADA).

    Additional advice from the EEOC includes: 

    • The ADA can’t interfere with employers following the recommendations of the Centers for Disease Control (CDC) and Prevention of Public Health authorities. 
    • An employer may send an employee home if they have COVID-19 or symptoms. 
    • Employers may follow the CDC, state, and local public health authorities’ advice regarding the information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons. 
    • Employers and employees “are encouraged to use interim solutions to enable employees to keep working as much as possible.”
    • Although some individuals with COVID-19 do not have fevers, employers may conduct medical exams after making a conditional employment offer. 
    • Employers may delay the start date of a new hire with COVID-19 or show symptoms of the disease. 
    • Employers can withdraw a job offer when the applicant needs to start immediately, but the individual has COVID-19 or symptoms. 

    Partner With GMS!

    The last thing you want is an employee to come to work with COVID-19 or symptoms. By following the new guidelines enforced by the EEOC, you are taking proactive steps to ensure the safety of your employees. When partnering with GMS, you are provided access to many benefits and resources to assist with these efforts. As part of our premier employee benefits administration services, we provide clients with access to Telehealth. Telemedicine can save you and your employees time and money by having access to a licensed physician virtually. Should your employees feel sick, they can call or video chat with a physician and investigate the root of the problem, ultimately limiting the exposure to COVID-19. Learn more.

  • The U.S. Equal Employment Opportunity Commission (EEOC) announced that the new deadline for employers to submit and certify their 2021 Employer Information (EEO-1) Component 1 has been extended. Employers who missed the original deadline of May 17th, 2022, now have until June 21st, 2022, to submit their 2021 EEO-1 reports.

    The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability, or genetic information. Most types of work situations like firing, hiring, promoting, harassment, training, etc., are included under this law. The EEOC investigates any case related to discrimination against an employer who is covered under the law.

    EEO-1 Component 1 Data Collection

    The EEO-Component 1 report is a mandatory collection of data that all private sector companies with over 100 employees and federal contractors with over 50 employees are required to submit annually. These businesses must submit demographic workforce data such as race/ethnicity, sex, and job categories of each individual.

    Outsource Your Administration Function To GMS

    As a small business owner, it can be challenging to meet certain deadlines. Failure to comply can result in substantial penalty fees. At GMS, our experts keep you up to date on deadlines and ensure you are staying compliant with federal and state laws. Contact us today.

  • The EEOC has made it into the news again, but you may not have heard about it.

    A few months after the Equal Employment Opportunity Commission (EEOC) issued a ruling on how pregnancy in the workplace can be viewed as a worker’s comp issue, they have now weighed in on wellness programs.

    Under the Affordable Care Act, there has been a strong push on advocating wellness for employees, and rightfully so. Wellness programs improve the health and productivity of your employees while increasing efficiencies and increasing profitability.

    However, according to an article on jdsupra.com, the EEOC has not yet issued guidelines on how employers can and must structure wellness programs to be in compliance with the Americans with Disabilities Act. Despite the lack of guidelines, the EEOC is pursuing two litigation cases against two separate companies for what they say are violations of the ADA (Americans with Disabilities Act).

    Challenges Ahead Sign. The EEOC's lack of guidelines have created challenges for business owners who want to administer an employee wellness program.

    As a small business owner, keeping tabs on all the government regulations that apply to your business and industry is a daunting task. Even larger companies with compliancy departments get into trouble sometimes!

    Fortunately, professional employer organizations can help ensure you’re compliant with not only wellness programs, but also with payroll, risk management, HR, and employee benefits. To learn more about how a PEO can keep you compliant in today’s increasingly regulated business environment, contact us at 888-823-2084 today.

  • The Equal Employment Opportunity Commission (EEOC) has begun commission meetings under its new chair, Jenny R. Yang, this month. The newest commissioner was also sworn in at this time bringing the board back to its full strength of five members.

    This month, they have also begun hearings on workplace harassment. What they have learned from experts in the field is that workplace harassment is still a major problem.

    Workplace harassment is a major issue.

    According to a recent press release from the EEOC, they are developing strategies that focus on targeted outreach and education as well as systemic enforcement to promote broader voluntary compliance.”

    That sound you just heard was business owners slapping themselves in the forehead.

    In the EEOC’s Strategic Enforcement plan for FY 2013-2016, the Commission recognized that an outreach campaign aimed at both educating employers and employees is an important strategy to deter future violations. ‘Preventing harassment from occurring in the first place is far preferable to remedying its consequences,’ Yang said.”

    Of course, what the commission said is true. So true that they are going to form a task force to identify effective strategies to “prevent and remedy” these things. This can only be good, right?

    As a small-business owner, you probably know that harassment can be a problem, but you’ve already probably taken steps to address this from ever becoming an issue. If and when this problem arises, you’re ready for it. Or are you?

    Large companies already have strategies and programs in place to prevent these things from happening and remedying them if they do. They’re not waiting for the heavy hand of big government to dictate to them how to handle these things. They have internal HR departments to put these policies in place.

    However, a small business doesn’t have an HR department. You’ve got you, your attorney and, well, you. Unless of course you’ve opted to go with an outside resource like a Professional Employer Organization (PEO).

    PEOs provide small business owners with the same type of professional HR services that large companies employ without the cost of an internal HR department. In this case, a PEO can help you put together and implement policies that can address harassment issues and as importantly how to handle them if and when they become and issue.

    To learn more about how a PEO can help your business contact us today at 330-659-0100.