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VIDEO · 14 DECEMBER 2020

They May Regret This Decision.

Constangy, Brooks, Smith & Prophete, LLP
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The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.

United StatesEmployment and HR
Robin Shea
Robin Shea

The EEOC is inviting us to ask for opinion letters!

The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.

Eligible topics are Title VII and the Age Discrimination in Employment Act.

The Americans with Disabilities Act appears not to be an eligible topic, presumably because the EEOC doesn't have the capacity to be flooded with questions about COVID-19 and whether employers can legally mandate that employees get the vaccine when it is available. (Vaccine guidance is reportedly on the way.)

As employers know, for many years the Wage and Hour Division of the U.S. Department of Labor has issued opinion letters on the Fair Labor Standards Act and the Family and Medical Leave Act. Wage and Hour opinion letters were discontinued during the Obama Administration, but they were revived after President Trump took office.

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