Recently, I had the opportunity to attend a SHRM session led by Dr. Ernesto Escobedo, PhD, JD, MBA, SHRM-SCP, SPHR, a seasoned professional with 30 years of experience at the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Air Force. Dr. Escobedo brought deep insight into the practical applications of four critical federal employment laws:
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Americans with Disabilities Act (ADA)
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Title VII of the Civil Rights Act
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Age Discrimination in Employment Act (ADEA)
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Equal Pay Act (EPA)
His presentation emphasized both longstanding compliance requirements and new areas of focus that employers should address.
Retaliation and Sexual Harassment
Retaliation and sexual harassment often occur together and remain among the most common EEOC cases. Employers must maintain strong anti-harassment policies, provide regular training, and ensure employees feel safe reporting concerns without fear of retaliation.
New Areas of Focus
Systemic Discrimination
The EEOC is increasing its focus on systemic discrimination, including pay and hiring practices. Employers should examine their processes for patterns that may unintentionally disadvantage certain groups.
Emerging Technology
With the growing use of artificial intelligence (AI) in hiring, there is concern about potential discrimination. Employers must be aware of how automated tools may create bias and take steps to mitigate it.
Vulnerable Worker Protection
Greater attention is being paid to historically discriminated groups, with an emphasis on ensuring fair treatment and protection from harassment.
Harassment Prevention
Harassment prevention remains a top priority, requiring proactive measures like policy updates and regular employee education.
Pay Equity and Transparency
Pay disparities based on gender or race continue to be an area of enforcement. Employers should conduct regular pay audits to identify and address inequities before they become legal issues.
Emerging Issues Under the ADA
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Long COVID and mental health conditions are both recognized under the ADA, meaning they may require accommodations.
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Employers must follow an interactive process, engaging in good faith conversations to identify reasonable accommodations.
Other Emerging Topics
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Hybrid Work and Telework: As work arrangements evolve, employers should ensure policies are equitable and comply with ADA requirements.
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Algorithm Bias: AI-driven hiring or promotion tools should be reviewed for potential bias.
Compliance Best Practices
Dr. Escobedo outlined practical steps to maintain compliance:
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Annual Policy Review: Evaluate and update policies to reflect current law.
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Regular Training: Provide compliance training at least once per year for all employees, and twice per year for managers.
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Systemic Audits: Review hiring, promotions, and AI-driven processes annually for bias.
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Thorough Documentation: Keep detailed records of accommodation requests, the interactive process, and final decisions.
Takeaway for Employers
This session was a reminder that compliance is never static. The legal landscape continues to evolve with new technologies, workplace norms, and societal expectations. Employers who commit to regular audits, robust training, and genuine engagement in the accommodation process will be better positioned to prevent issues before they arise.
At Generous Benefits, we support our clients not just with benefits strategy, but also with tools like our partnership with Mineral to help stay compliant with changing laws.
