They Could Remorse This resolution. | Constangy, Brooks, Smith & Prophete, LLP

The EEOC invites us to ask for opinions!

The US Equal Employment Opportunity Commission announced this week that it will issue opinions upon request from the public.

Eligible topics are Title VII and the Age Discrimination at Work Act.

The Americans with Disabilities Act does not appear to be an eligible topic, presumably because the EEOC is unable to be inundated with questions about COVID-19 and whether employers can legally mandate workers to receive the vaccine when it becomes available . (Vaccination instructions are supposedly on the way.)

As employers know, the US Department of Labor’s Payroll Department has been issuing letters of opinion on the Fair Labor Standards Act and the Family and Medical Leave Act for many years. Comments on wages and hours were suspended during the Obama administration but revived after President Trump took office.

I think it’s great that the EEOC is issuing opinion letters and I hope they go ahead and expand them to the other laws that the EEOC enforces – not just the ADA, but the Equal Pay Act and the Genetic Information Nondiscrimination Act as well. The more preventive advice employers can get, the better.

But I can’t resist having a bit of fun with what I’m expecting to show up in the EEOC’s mailbox. (Since the EEOC has already issued two letters of opinion here and here, I’ll start with the numbering at “003”.)

Please note that none of the following information is real. I made it up.

Dear EEOC,

Our CEO wants to fire all of our employees when they are 55 years old. Can he do that

Commission Op. Ltr. 2020-003

Dear [redacted]::

No.

Dear EEOC,

We recently had a black employee who complained about being racially harassed. The alleged molesters are three or four whites interested in rap and using the word “N” freely. You mean it as a compliment. Do we have to do something about it?

Commission Op. Ltr. 2020-004

Dear [redacted]::

Yes.

Dear EEOC,

Our company has had good experience with hiring workers from Canada. They work so much harder than Americans and have better attitudes. And they never complain! Can we have a “Canada only” recruitment policy?

Commission Op. Ltr. 2020-005

Dear [redacted]::

No.

Dear EEOC,

We are looking for a receptionist. We have an applicant who is Muslim and who is wearing a hijab. Our CFO believes she will make people feel uncomfortable and does not want to hire her even though she is far more qualified than anyone else who applied. I told the CFO that if we don’t hire it, we could be held responsible for religious discrimination. I’m right?

Commission Op. Ltr. 2020-006

Dear [redacted]::

Is the Pope Catholic?

Dear EEOC,

Can I require my Mexican employees to speak English during their break or lunch? It drives me crazy not knowing what they are talking about.

Commission Op. Ltr. 2020-007

Dear [redacted]::

On your second point, tough. Take a Spanish course.

Dear EEOC,

I’m a leader who cares deeply about a woman who checked in with me (she’s currently on vacation), but she doesn’t seem to be reciprocating my feelings. I asked her recently and she said no. To convince her I told her I could do her fine at work, using the phrase, “You scratch my back and I’ll scratch yours.” Was that wrong

Commission Op. Ltr. 2020-008

Dear [redacted]::

The agency’s determination that your company is strictly liable for unrequited sexual harassment is on the EEOC web portal and awaiting your review. Please transfer $ 300,000.