Equal Employment Opportunity Commission Research Articles

Discrimination announcements, employee opinion, and capital structure: Evidence from the EEOC

AbstractThis paper investigates the impact of discrimination publicity on employee opinion. The findings suggest that employees reduce their sentiments toward the firm and its leaders when discrimination becomes public via Equal Employment Opportunity Commission (EEOC) announcements. Following the stakeholder theory of capital structure, the effect clusters in firms with above‐average leverage. Additionally, discrimination announcements increase accruals and the E index, reinforcing a culture of negative management at the firm. These results suggest that human capital risk plays a vital role in employee reactions to discrimination announcements.

The Pregnant Workers Fairness Act—a Bipartisan Step Forward

This Viewpoint describes key provisions of the Pregnant Workers Fairness Act and discuss the proposed Equal Employment Opportunity Commission rule, as well as its application to health care employment in particular.

Association and causation: Attributes and effects of judges in equal employment opportunity commission litigation outcomes

Association and causation: Attributes and effects of judges in equal employment opportunity commission litigation outcomes

Avoid discrimination against employees/applicants with visual and hearing disabilities

The U.S. Equal Employment Opportunity Commission recently issued new guidance documents on how the Americans with Disabilities Act applies to employees and job applicants with visual (https://bit.ly/3Otf0oe) and hearing disabilities (https://bit.ly/44eidy6).

The Issue of Protection of Disabled Persons Rights

This article covers the present condition of disability rights in the United States, focusing on the continued obstacles experienced by those with disa-bilities in the workplace, public spaces, and sporting venues. Despite the fact that the Americans with Disabilities Act (ADA) offers extensive safeguards for those with impairments, these provisions are seldom implemented. In 2019, the United States Equal Employment Opportunity Commission re-ceived over 24,000 complaints of disability-related employment discrimina-tion, illustrating the persistent difficulties experienced by handicapped work-ers. In addition, the United States Department of Justice received approxi-mately 8,000 complaints involving accessibility issues in public areas, under-scoring the ongoing need for stricter enforcement of laws governing public accessibility. Participation in sports has been proven to provide substantial advantages for those with disabilities, but it remains difficult to ensure that sports facilities are really accessible and inclusive. According to the article's premise, full application and enforcement of disability rights laws in the United States requires more education and awareness among employers, public accommodations, and sports management.

Evaluating the fairness and accuracy of machine learning–based predictions of clinical outcomes after anatomic and reverse total shoulder arthroplasty

Machine learning (ML)-based clinical decision support tools (CDSTs) make personalized predictions for different treatments; by comparing predictions of multiple treatments, these tools can be used to optimize decision making for a particular patient. However, CDST prediction accuracy varies for different patients and also for different treatment options. If these differences are sufficiently large and consistent for a particular subcohort of patients, then that bias may result in those patients not receiving a particular treatment. Such level of bias would deem the CDST "unfair." The purpose of this study is to evaluate the "fairness" of ML CDST-based clinical outcomes predictions after anatomic (aTSA) and reverse total shoulder arthroplasty (rTSA) for patients of different demographic attributes. Clinical data from 8280 shoulder arthroplasty patients with 19,249 postoperative visits was used to evaluate the prediction fairness and accuracy associated with the following patient demographic attributes: ethnicity, sex, and age at the time of surgery. Performance of clinical outcome and range of motion regression predictions were quantified by the mean absolute error (MAE) and performance of minimal clinically important difference (MCID) and substantial clinical benefit classification predictions were quantified by accuracy, sensitivity, and the F1 score. Fairness of classification predictions leveraged the "four-fifths" legal guideline from the US Equal Employment Opportunity Commission and fairness of regression predictions leveraged established MCID thresholds associated with each outcome measure. For both aTSA and rTSA clinical outcome predictions, only minor differences in MAE were observed between patients of different ethnicity, sex, and age. Evaluation of prediction fairness demonstrated that 0 of 486 MCID (0%) and only 3 of 486 substantial clinical benefit (0.6%) classification predictions were outside the 20% fairness boundary and only 14 of 972 (1.4%) regression predictions were outside of the MCID fairness boundary. Hispanic and Black patients were more likely to have ML predictions out of fairness tolerance for aTSA and rTSA. Additionally, patients <60 years old were more likely to have ML predictions out of fairness tolerance for rTSA. No disparate predictions were identified for sex and no disparate regression predictions were observed for forward elevation, internal rotation score, American Shoulder and Elbow Surgeons Standardized Shoulder Assessment Form score, or global shoulder function. The ML algorithms analyzed in this study accurately predict clinical outcomes after aTSA and rTSA for patients of different ethnicity, sex, and age, where only 1.4% of regression predictions and only 0.3% of classification predictions were out of fairness tolerance using the proposed fairness evaluation method and acceptance criteria. Future work is required to externally validate these ML algorithms to ensure they are equally accurate for all legally protected patient groups.

미국 노동분쟁의 ADR 절차와 시사점

In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution.&#x0D; Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.

Learn about EEOC's new guidance on visual disabilities and the ADA

The U.S. Equal Employment Opportunity Commission recently issued new guidance on how the Americans with Disabilities Act applies to employees and job applicants with visual disabilities. This column explains the key points below. You can find the full guidance document here (https://bit.ly/3Otf0oe).

How Racial Diversity and Gender Diversity in Job Positions Affect the Economy?

Gender and racial discrimination at work have gradually gained more attention from the public in the recent years. With social movements such as #MeToo and #BlackLivesMatter, people start to reach the consensus that there should be more equality in society; more perspectives from different genders and different races are beneficial to society. This paper focuses on employment in the general workforce and studies how race and gender diversity in different job positions affect the economy. This paper explores to empirically explain why race and gender diversity in the workforce can have an impact on the economy. Using data from the U.S. Equal Employment Opportunity Commission and from the Federal Reserve for the years of 1996 - 2018, this paper finds that race and gender diversity at work are positively associated with the economy. Also, this dataset supports the conjecture that race and gender diversity increases total employment, which further increases the economy. This dataset also supports the possibility that race and gender diversity may increase the capacity of different perspectives, which further increases the economy. Moreover, race and gender diversity both increased during these years: from 11.783% to 23.339% and from 31.683% to 38.735% in the executive and managerial positions. This study has significant contributions to current research and practice.

Abusive and Discriminative towards Disability People in the Greatest Showman Movie Directed by Michael Gracey

The objective of this research is to analyze how the abusive and discriminatory behavior portrayed in the movie towards persons with disabilities, as well as the effects of abusive behavior and discrimination. This study used a descriptive-qualitative method, with the primary source being the original video of The Greatest Showman and secondary data coming from books, articles, and journals on the internet. Data collection was carried out by watching films and understanding the movie’s dialogue several times, as well as making observations to deepen issues that are relevant to the main issues being studied, namely abusive behavior and discrimination against persons with disabilities. These results strengthen the analysis using Keashly's theory that two types of abusive behavior were found: physical violence and verbal violence. For discrimination using the theory from the U.S. The Equal Employment Opportunity Commission found several types of discrimination, namely disability discrimination, harassment discrimination, and race/skin color discrimination. The effects of harassment and discrimination are anxiety, violent behavior, psychological problems, marginalization, disempowerment, low self-esteem, and negative behavior.

Borrowed Agency: The Institutional Capacity of the Early Equal Employment Opportunity Commission

AbstractBorrowed capacity builds upon institutional capacity scholarship to discuss how interactions between government agencies and interest groups can increase agency resources and scope during agency formation and development. Equal Employment Opportunity Commission scholars often note the lack of capacity to implement Title VII of the Civil Rights Act of 1964 during the first years of the agency. I argue that current assessments of the agency’s capacity between 1965 and 1968 are incomplete by expanding the definition of capacity to include borrowed and nontraditional forms of capacity, reviewing congressional allocations to the agency and agency budgets, and considering the active roles state and local agencies as well as interest groups played in the early implementation of Title VII. I demonstrate the agency amassed not only claims but also capacity during its early years.

PERCEIVED WORKPLACE AGEISM AND OLDER WORKERS DURING THE GREAT RECESSION

Abstract Age discrimination claims filed with the U.S. Equal Employment Opportunity Commission increased sharply at the beginning of the Great Recession (GR) and stayed elevated. Moreover, despite having lower unemployment rates compared to younger workers, older workers' unemployment lasted longer. Previous studies suggest that age discrimination might have extended the unemployment duration for older workers. However, no study has examined the role of perceived workplace ageism in older workers’ employment outcomes during the GR. This paper uses longitudinal data from the Health and Retirement Study to answer the following question: Were older workers who reported to perceive workplace ageism more likely to be unemployed or quit the labor force during the Great Recession? The baseline sample consists of workers aged 51 or older in 2006 (N=4,176). Multinomial logistic regression results show that older workers who agreed that in decisions about promotion, their employer gives younger people preference over older people, were more likely (RRR 2.05, p=0.01) to lose employment in 2008 than being employed, controlling for age, gender, race, education, health, marital status and job characteristics. Older workers who agreed that their co-workers make older workers feel that they have to retire before age 65, were more likely (RRR 1.63, p=0.002) to quit the labor force in 2008 than being employed, controlling for the aforementioned variables. These findings shine light on the important role that perceived workplace ageism played in older workers' employment outcomes during the GR.

Assédio Sexual Contra Funcionárias em Destinos Turísticos:

Sexual harassment is defined by the Equal Employment Opportunity Commission [EEOC] as “unwelcome sexual advances, requests for sexual favours, and other sexually based verbal or physical conduct with the aim or effect of violating a person's dignity”. Sexual harassment, as well as the rise in the number of cases, is a major problem of tourism destinations and is extremely common in the hospitality sector. The aim of this research is to examine how women employees in this industry in North Cyprus experience sexual harassment and whether they perceive the behaviors or acts that constitute sexual harassment. Qualitative research is used to understand women employees’ feelings and challenges. Semi-structured interviews were conducted with ten women employees working at five-star hotels. Findings show that women employees face sexual harassment and gender inequality in hospitality sector is clearly seen in tourism and hospitality. This study can be used by the stakeholders of tourism sector, such as governmental offices and hotel owners to establish a gender equal and safer environment for women employees. Success of a tourism destination depends on providing a high-quality service, which can be obtained only if you create a safe and peaceful working environment for the employees.

The whiteness of LBJ’s rhetoric: The appointment of Vicente T. Ximenes to the Equal Employment Opportunity Commission

ABSTRACT This article presents a racial rhetorical critique of Lyndon B. Johnson’s presidential rhetoric. Drawing from examinations of drafts, memos, and proclamations, I argue that LBJ in particular and the administration more generally utilized the appointment of Vicente T. Ximenes to the Equal Employment Opportunity Commission (EEOC) and his naming as the chair of the Inter-Agency Committee on Mexican American Affairs (IACMAA) on June 9, 1967 to reinforce the predominance of the white racial frame in U.S. political life. I highlight how LBJ’s administration relocated “Mexican Americans” politically within his Great Society according to the premises of the white racial frame as Chicana/o movement activism turned toward amplifying separatist, racially charged rhetoric(s). This racially tuned revision of prior rhetorical histories of LBJ’s rhetorics demonstrates how his administration participated in sustaining white supremacy, fashioned a whitened image of “Mexican American” communities capable of flourishing in his “Great Society,” and excluded alternative political forms that challenged the assimilationism typically expected of Latinx communities more generally. I conclude that fomenting the political status of the white racial frame was integral to LBJ’s Great Society rhetoric and to evolutions in Chicana/o activism in the late 1960s.

Liberating Hollywood: Women Directors &amp; the Feminist Reform of 1970 as American Cinema by Maya Montañez Smuckler

Reviewed by: Liberating Hollywood: Women Directors & the Feminist Reform of 1970 as American Cinema by Maya Montañez Smuckler Alicia Kozma Maya Montañez Smuckler, Liberating Hollywood: Women Directors & the Feminist Reform of 1970 as American Cinema. New Brunswick, NJ: Rutgers University Press, 2019. In 2015, Hollywood studios made headlines as the as the Equal Employment Opportunity Commission (EEOC) accepted a request made by the American Civil Liberties Union (ACLU) of Southern California to investigate systemic discrimination in the hiring of women film directors. While mainstream media reported the inquiry as a potential watershed moment for gendered labor equality in the industry, little was made of the fact that the EEOC had been down this road with Hollywood before. Thankfully, Maya Montañez Smuckler's Liberating Hollywood: Women Directors & the Feminist Reform of 1970as American Cinema painstakingly narrates the lesser-known history of the intersection between employment oversight, Hollywood guilds, studios, and the fight for women's equal participation in filmmaking. Combining oral history, interviews, and in-depth archival research focused on internal guild publications, press coverage, legal records, and trades, Montañez Smuckler reconstructs the advocacy efforts of three professional unions—the Directors Guild of American (DGA), the Screen Actors Guild of America (SAG) and the Writers Guild of American (WGA)—from the late 1960s to the early 1980s, as the rise of "Women's Committees" within each union fought in various ways against the hiring discrimination of women film workers. These efforts intersected with the federal efforts to diversify the Hollywood labor pool, beginning with a late 1960s EEOC hearing on job discrimination and ending with a devastating mid-1980s ruling that stymied legal recourse for discriminated workers. Intertwined with this history, Liberating Women recounts the rise of women filmmakers in Hollywood during this time of heady time of social, cultural, and political change. The book's prologue traces the impact of the New American Cinema movement of the 1950s and 1960s in New York City as a critical creative space for the women directors like Shirley Clarke and Juleen Compton, precursors to the women who would spur on more than a decade of creativity and advocacy in Hollywood. Chapter 1 notes the first attempts of feminist reform as the second wave feminist movement bisected the growing number of women directors vocal about their lack of opportunities in Hollywood. The EEOC makes its first foray into Hollywood in 1969, requiring the industry set measurable benchmarks for hiring minority workers; women film workers were not included in this plan because the EEOC did not consider them a large enough pool of workers to merit protections. In what would become a recurring standard, the EEOC left it up to the studios to enforce hiring benchmarks and protections in good faith. jThey did not live up to their requirements, and with the exclusion of women workers from agreement, it was left to guild women to demand their own seats at the table. Chapters 2 and 3 integrate institutional efforts at gendered labor equality while focusing on the individual women working within and without the Hollywood system as writers, producers, and directors. For many of these women, Liberating Hollywood is the first substantial academic treatment of their work. While Montañez Smuckler does not claim that these women worked in communication with one another, they do represent a cadre of film laborers fighting to produce work in a system that was openly hostile to their inclusion. Many of these women may have [End Page 67] not been professional colleagues, but they exist in camaraderie with one another. While both chapters provided professional biographies and overarching critical filmic and industrial analysis, Chapter 2 chronicles women directors through their "cultures of production" (77) and Chapter 3 through the rise of the "new women's film" (159). Chapter 2, then, traces the studio, art house, and/or exploitation work of Elaine May, Barbara Loden, Karen Arthur, Joan Micklin Silver, Penny Allen, Stephanie Rothman, Beverly and Fred Sebastian, and Barbara Peeters. Chapter 3 includes Joan Darling, Jane Wagner, Joan Tewkesbury, Joan Rivers, and Claudia Weill. While these two chapters primarily concentrate on individual filmmakers, Liberating Hollywood does not lose the thread of its larger spotlight on...

Teamsters Face More Legal Problems

Readers who are steeping in labor history will suddenly think of words such as “organized crime,” “corruption,” or “trusteeship” when reading the title of this article. For 30 years, the International Brotherhood of Teamsters operated under a cloud of trusteeship of the federal government. In 2020, that trusteeship formally ended. However, as recently announced by the U.S. Equal Employment Opportunity Commission, legal troubles still plague certain Teamsters locals.

“Invisible” Discrimination: Divergent Outcomes for the Non-Prototypicality of Black Women

By integrating the intersectional invisibility hypothesis with the BIAS (behaviors from intergroup affect and stereotypes) map framework, we examine the extent to which Black women’s dual-subordinated identities render them non-prototypical victims of discrimination, relative to White women and Black men, and the corresponding consequences. We predicted that Black women’s categorical non-prototypicality would reduce the believability of their discrimination claims, but that their non-prototypical attributes would lead to divergent treatment, depending on the type of discrimination alleged. Our predictions were supported across six experimental studies (Studies 1–4b). Specifically, Black women’s gender and racial discrimination claims were believed less than those made by White women and Black men, respectively. Moreover, after they alleged discrimination, Black women received less financial remedy than White women, but more financial remedy than Black men. Mediation testing revealed that the mechanisms underlying the believability and treatment of Black women were their non-prototypical categorization and attributes. Using discrimination data from the Equal Employment Opportunity Commission, Studies 5a and 5b replicated the effects observed on believability and financial remedy. By focusing on non-prototypicality at both the categorical and attribute levels, we thus help to disentangle when Black women’s intersectional invisibility may result in either intersectional advantages or disadvantages.

Current Topics in Health Care Law

Continuing Professional Education (CPE) InformationThe Continuing Professional Education (CPE) quiz for this article is available for free to Academy members through the MyCDRGo app (available for iOS and Android devices) and through www.jandonline.org (click on “CPE” in the menu and then “Academy Journal CPE Articles”). Log in with your Academy of Nutrition and Dietetics or Commission on Dietetic Registration username and password, click “Journal Article Quiz” on the next page, then click the “Additional Journal CPE quizzes” button to view a list of available quizzes. Non-members may take CPE quizzes by sending a request to [email protected] . There is a $45 fee per quiz (includes quiz and copy of article) for non-members.Nutrition and dietetics practitioners operate by a core set of ethical principles, including beneficence (“taking positive steps to benefit others”) and nonmaleficence (do no harm), as outlined by the Code of Ethics for the Nutrition and Dietetics Profession, which was developed by the Academy of Nutrition and Dietetics (Academy) and its credentialing agency, the Commission on Dietetic Registration.1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar Although adherence to ethical principles strengthens the bonds of trust between credentialed nutrition and dietetics practitioners and their patients and clients, so does rigorous compliance with federal and state laws. Although the Code of Ethics can aid Academy members and Commission on Dietetic Registration–credentialed practitioners in assessing the right thing to do in a particular situation, ensuring legal compliance means nutrition and dietetics practitioners should actively determine what the law requires of them. The Continuing Professional Education (CPE) quiz for this article is available for free to Academy members through the MyCDRGo app (available for iOS and Android devices) and through www.jandonline.org (click on “CPE” in the menu and then “Academy Journal CPE Articles”). Log in with your Academy of Nutrition and Dietetics or Commission on Dietetic Registration username and password, click “Journal Article Quiz” on the next page, then click the “Additional Journal CPE quizzes” button to view a list of available quizzes. Non-members may take CPE quizzes by sending a request to [email protected] . There is a $45 fee per quiz (includes quiz and copy of article) for non-members. Laws exist at the local, state, and federal levels.2Derelian D. Dietetics: Legalities, ethics, and eccentricities.J Acad Nutr Diet. 2000; 100: 519-523Google Scholar Generally speaking, federal laws are applicable to all people in the United States. State laws are applicable within that state, although local laws govern specific cities, towns, and counties. Federal laws supersede or preempt state and local laws, and most cases involving individual citizens are handled in the state courts. The following is an overview of legal topic areas that may be applicable to nutrition and dietetics practitioners. Although this article provides insights into laws that are germane to health care providers, it is not intended to provide legal guidance. Members of the Academy are encouraged to be aware of the evolving nature of law and to seek professional counsel when appropriate. The Americans with Disabilities Act (ADA), which was passed in 1990 and amended in 2008, prohibits employers from discriminating against qualified individuals with disabilities in a variety of areas, including employment.3Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.https://www.govinfo.gov/content/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap126.htmDate accessed: April 25, 2022Google Scholar The ADA does not protect all individuals with disabilities—it only protects “qualified individuals with disabilities,” which the ADA defines as an “individual, who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.”4Americans with Disabilities Act of 1990, 42 U.S.C. § 12111 et seq.https://www.govinfo.gov/content/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap126.htmDate accessed: April 25, 2022Google Scholar It is important to note that an employer need not make every conceivable accommodation for employees, nor must the employer provide the employee’s desired accommodation. Instead, an employer must make “reasonable accommodations,” which typically include such things as job restructuring, modifying work schedules, and reassignment to an open position.4Americans with Disabilities Act of 1990, 42 U.S.C. § 12111 et seq.https://www.govinfo.gov/content/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap126.htmDate accessed: April 25, 2022Google Scholar At this point in the COVID-19 pandemic, many employers are requiring or encouraging their employees to return to work in the office, either on a part-time or full-time basis. Generally speaking, employers can mandate when and how often employees must work in the office, with the understanding that employees may simply refuse to return to the office. An employer may terminate any employee who refuses to return to work in the office unless, perhaps, the employee has a disability and requests a remote work accommodation. If that occurs, and if the employer is covered by the ADA or an applicable state or local disability discrimination law, the employer has a legal obligation to consider and respond to the request. It is important to note that the ADA does not apply to all employers—it only applies to entities that employ 15 or more employees for each working day in 20 or more calendar weeks in the current year or preceding year.4Americans with Disabilities Act of 1990, 42 U.S.C. § 12111 et seq.https://www.govinfo.gov/content/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap126.htmDate accessed: April 25, 2022Google Scholar However, many state and local governments have civil rights laws that prohibit disability discrimination, and many of those apply to smaller employers. In the context of remote work, before the COVID-19 pandemic, employers routinely and successfully argued that it was an essential function of most employees’ positions to work in the office. For example, in Bilinsky v. American Airlines, the court explained that “[t] here is a general consensus among courts . . . that regular work-site attendance is an essential function of most jobs.”5Bilinsky v. American Airlines, Inc., 928 F.3d 565 (7th Cir. 2019).Google Scholar,6Credeur v. Louisiana, 860 F.3d 785, 793 (5th Cir. 2017).Google Scholar That general consensus, however, will almost certainly be challenged by employees, their lawyers, and enforcement agencies in the post-COVID 19 world. For example, in webinars and elsewhere, attorneys for the Equal Employment Opportunity Commission, which is the federal agency that enforces the ADA, have warned that employers should not rely on pre–COVID-19 pandemic job descriptions and other evidence as the basis to reject remote work accommodation requests from individuals with disabilities. After all, according to the Equal Employment Opportunity Commission, many employees have been working remotely for the past 2 years, which the agency says renders prepandemic evidence somewhat unreliable. Given this messaging, coupled with the advances and widespread use of technology that makes remote work possible for many positions, employers would be well advised to articulate in return to office communications the reasons why it is essential that employees return to work in the office. In addition, employers should consider updating job descriptions to identify essential in-office job functions, if any, for each of their positions. When faced with a request for a remote work accommodation from an employee who reports a disability, it is important to consider the particular facts and circumstances of the individual employee’s situation before deciding how to respond to the request. Moreover, given the Equal Employment Opportunity Commission’s position on this matter, employers would be well-advised to seek help from experienced employment counsel before deciding that a remote work request for an individual with a disability is unreasonable. Generally, the US legal system consists of common law and statutory laws. Common law develops over time and is presented in opinions written by courts. State and federal legislators enact statutory laws. In addition, the United States has a wide range of regulations and local laws, sometimes called ordinances. It is likely that on the occasion when a nutrition and dietetics practitioner interacts with the law it qualifies as a civil matter rather than a criminal legal matter, which focuses on punishment for breaking a particular law or laws. Civil matters could include “landlord/tenant disputes, contract breaches, negligence suits, or other civil actions.”2Derelian D. Dietetics: Legalities, ethics, and eccentricities.J Acad Nutr Diet. 2000; 100: 519-523Google Scholar Many states now require the credentialed nutrition and dietetics practitioner to secure a license to practice in the state. The Academy maintains a database of current licensure requirements.7Licensure statutes and information by state. Academy of Nutrition and Dietetics.https://www.eatrightpro.org/advocacy/licensure/licensure-mapDate accessed: May 4, 2022Google Scholar Each state has different requirements, and you must comply with all requirements for your state. (Principle 2b: “Comply with all applicable laws and regulations, including obtaining/maintaining a state license or certification if engaged in practice governed by nutrition and dietetics statutes.”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) At the time of the writing of this article, 48 states, the District of Columbia, Puerto Rico, and Guam regulate the practice of dietetics or medical nutrition therapy—although there may be exemptions enabling practice for a short duration or for a small subset of dietetics and nutrition services. These states usually also regulate use of certain titles through a title protection provision.8Licensure and professional regulation of dietitians. Academy of Nutrition and Dietetics.https://www.eatrightpro.org/advocacy/licensure/professional-regulation-of-dietitiansDate accessed: May 4, 2022Google Scholar Note that the legal status of cross-border practice is determined by the location of the client. For licensure purposes, the registered dietitian nutritionist’s location is not relevant. For example, if services are provided via telehealth to a resident of Pennsylvania, then Pennsylvania law applies. If that Pennsylvania client travels across the border to see a Maryland registered dietitian nutritionist, then Maryland law applies. If the Pennsylvania client temporarily relocates to Florida, then Florida law applies. The nutrition and dietetics practitioner likely engages in actions that are related to civil laws and regulations on a daily basis, including, for example, requesting clients sign paperwork acknowledging privacy practices or entering into a written lease for an office space for their practice. If you are an employee, your employer likely provides training to educate staff members on compliance with applicable laws. If you are self-employed, consider participating in a local business organization or Chamber of Commerce, which frequently provides resources to ensure compliance with state and federal laws. More than 3.6 billion people were using social media worldwide in 2020, a number projected to increase to almost 4.41 billion in 2025.9Number of social network users worldwide from 2017 to 2025. Statista, July 2020https://www.statista.com/statistics/278414/number-of-worldwide-social-network-users/Date accessed: April 25, 2022Google Scholar With this continued growth, particularly regarding the information- and image-sharing platforms, nutrition and dietetics practitioners have a professional obligation to ensure accuracy and transparency, citing photographs, figures, tables, and videos to their source of origin, and to clearly label content that functions as an advertisement or promotion.10Klemm S. Guidance for professional use of social media in nutrition and dietetics practice.J Acad Nutr Diet. 2022; 122: 403-409Abstract Full Text Full Text PDF PubMed Scopus (1) Google Scholar (Principle 2d: “Respect intellectual property rights, including citation and recognition of the ideas and work of others, regardless of the medium (e.g. written, oral, electronic.”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) In fact, health care professionals that engage on social media are bound by copyright restrictions and all federal, state, and local advertising laws. As noted in an Ethics in Practice article published previously, under Federal Trade Commission guidelines, nutrition and dietetics practitioners on social media are considered advertisers when they are endorsing a product in exchange for any payment or compensation, including free or discounted products.10Klemm S. Guidance for professional use of social media in nutrition and dietetics practice.J Acad Nutr Diet. 2022; 122: 403-409Abstract Full Text Full Text PDF PubMed Scopus (1) Google Scholar (Principle 2a: “Disclose any conflicts of interest, including any financial interests in products or services that are recommended. Refrain from accepting gifts or services which potentially influence or which may give the appearance of influencing professional judgment.”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) Therefore, they are required to disclose this relationship in a clear and conspicuous manner.11Helm J. Miller Jones R. Practice Paper of the Academy of Nutrition and Dietetics: Social media and the dietetics practitioner: Opportunities, challenges, and best practices.J Acad Nutr Diet. 2016; 116: 1825-1835Abstract Full Text Full Text PDF PubMed Scopus (43) Google Scholar Using keywords, such as #ad, #sponsored, or #paidpartner, is recommended at the start of a post to help promote transparency.10Klemm S. Guidance for professional use of social media in nutrition and dietetics practice.J Acad Nutr Diet. 2022; 122: 403-409Abstract Full Text Full Text PDF PubMed Scopus (1) Google Scholar,12The FTC’s endorsement guides: What people are asking. Federal Trade Commission.https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-askingDate accessed: August 30, 2021Google Scholar,13.com Disclosures: How to make effective disclosures in digital advertising.Federal Trade Commission. March 2013; https://www.ftc.gov/business-guidance/resources/com-disclosures-how-make-effective-disclosures-digital-advertisingDate accessed: August 30, 2021Google Scholar Nutrition and dietetics practitioners are also compelled to ensure that all social media content is consistent with current Health Insurance Portability and Accountability Act (HIPAA) regulations.14Health Insurance Portability and Accountability Act of 1996 (HIPAA). Centers for Disease Control and Prevention, September 14, 2018https://www.cdc.gov/phlp/publications/topic/hipaa.htmlDate accessed: April 25, 2022Google Scholar (Principle 2h: “Respect patient/client’s autonomy. Safeguard patient/client confidentiality according to current regulations and laws.”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) HIPAA, enacted in 1996, is a federal law that mandated the creation of national standards to protect individually identifiable health information communicated through e-mails, phone conversations, voicemail records, and so on from being disclosed without the patient’s consent or knowledge.14Health Insurance Portability and Accountability Act of 1996 (HIPAA). Centers for Disease Control and Prevention, September 14, 2018https://www.cdc.gov/phlp/publications/topic/hipaa.htmlDate accessed: April 25, 2022Google Scholar (Principle 2i: “Implement appropriate measures to protect personal health information using appropriate techniques [e.g., encryption].”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) The US Department of Health and Human Services issued the HIPAA Privacy Rule to implement the requirements outlined by HIPAA. In addition, the HIPAA Breach Notification Rule requires covered entities and business associates to provide notification after a breach of unsecured protected health information.14Health Insurance Portability and Accountability Act of 1996 (HIPAA). Centers for Disease Control and Prevention, September 14, 2018https://www.cdc.gov/phlp/publications/topic/hipaa.htmlDate accessed: April 25, 2022Google Scholar It is also advised that nutrition and dietetics practitioners who engage in social media adhere to employer policies, as well as the guidelines developed by the social media platforms themselves. (Principle 3c: “Demonstrate respect, constructive dialogue, civility and professionalism in all communications, including social media.”1Code of Ethics for the Nutrition and Dietetics Profession. Academy of Nutrition and Dietetics. Published June 2018https://www.eatrightpro.org/-/media/eatrightpro-files/career/code-of-ethics/coeforthenutritionanddieteticsprofession.pdf?la=en& hash=0C9D1622C51782F12A0D6004A28CDAC0CE99A032en& hash1/40C9D1622C51782F12A0D6004A28CDAC0CE99A032Date accessed: April 25, 2022Google Scholar) There are also important considerations for nutrition and dietetics practitioners who are employed by, operate, or are considering starting a nonprofit organization. The term nonprofit is a state law term. Most states have nonprofit corporate statutes that permit entities to be organized for public or mutual benefit purposes without shareholders. But the term nonprofit is a misnomer because it does not put a limitation on profits. In fact, many large nonprofits, such as universities, make substantial profits annually. The profits of a nonprofit organization, however, are not distributed to stockholders; they remain within the organization to help it accomplish its mission. Since the beginning of the federal income tax, the US Congress has permitted some nonprofit organizations to qualify for tax-exempt status because of the importance of their work. Today, charities, trade associations, professional societies, and 2 dozen other types of organizations are deemed tax-exempt by the US Internal Revenue Service. In a legal context, the term tax-exempt means that the entity does not need to pay income tax on some revenue streams, such as donations, educational revenue, and dues, and must pay income tax on other revenue streams, such as advertising income. Each type of tax-exempt organization is subject to different federal rules. For example, trade associations and professional societies can engage in political activities through political action committees and other limited means. Charities, trade associations, and professional societies may all engage in lobbying, that is, the furtherance of, or opposition to, legislation, but they are subject to different limitations. One of the most important rules that govern charities, trade associations, and professional societies is the rule against inurement. Inurement occurs when an insider gets more from a tax-exempt organization than they gave. In United Cancer Council v. Commissioner, the court stated that a tax-exempt organization “is not to siphon its earnings to . . . the members of its Board . . . or anyone else fairly to be described as an insider, that is, the equivalent of an owner or manager.”15United Cancer Council, Inc. v. Commissioner, 165 F.3d 1173 (7th Cir. 1999).Google Scholar The concept of inurement remains the core differential between tax-exempt and taxable corporations. Tax-exempt organizations may operate like businesses. They have strategic plans and make a profit. They sell products and often compete with for-profit entities. They may not, however, distribute the profits from these activities to insiders, beyond the payment of reasonable compensation for services rendered. The expansion of telehealth services during the COVID-19 public health emergency (PHE) has transformed how the general public views access to care. Before the pandemic, telehealth services coverage under traditional Medicare was limited to beneficiaries living in rural areas, with restrictions on which providers would be compensated for delivering virtual care.16O’Reilly K.B. Telehealth flexibilities assured for the bulk of 2022. American Medical Association, March 15, 2022https://www.ama-assn.org/practice-management/digital/telehealth-flexibilities-assured-bulk-2022Date accessed: April 25, 2022Google Scholar Many of the temporary flexibilities regarding Medicare’s telehealth coverage that were initiated at the onset of the PHE would require an act of Congress to become permanent.17Telehealth provisions in the Consolidated Appropriations Act of 2022. Academy of Nutrition and Dietetics, March 17, 2022https://www.eatrightpro.org/news-center/on-the-pulse-of-public-policy/from-the-hill/telehealth-provisions-in-the-consolidated-appropriations-act-of-2022Date accessed: April 25, 2022Google Scholar A first step toward that goal occurred under the Consolidated Appropriations Act of 2022, which President Biden signed into law on March 15, 2022.17Telehealth provisions in the Consolidated Appropriations Act of 2022. Academy of Nutrition and Dietetics, March 17, 2022https://www.eatrightpro.org/news-center/on-the-pulse-of-public-policy/from-the-hill/telehealth-provisions-in-the-consolidated-appropriations-act-of-2022Date accessed: April 25, 2022Google Scholar “Specifically, Congress has amended the Social Security Act to include new language that extends several telehealth flexibilities for 151 days (five months) after the end of a public health emergency declared by the Secretary of the Department of Health and Human Services.” “If the public health emergency is renewed (and every time it is renewed), it would push back the end date of these flexibilities by another 90 days. In the absence of a public health emergency, MNT [medical nutrition therapy] and DSMT [diabetes self-management training] remain approved telehealth services and RDNs remain eligible telehealth providers under Medicare Part B.”17Telehealth provisions in the Consolidated Appropriations Act of 2022. Academy of Nutrition and Dietetics, March 17, 2022https://www.eatrightpro.org/news-center/on-the-pulse-of-public-policy/from-the-hill/telehealth-provisions-in-the-consolidated-appropriations-act-of-2022Date accessed: April 25, 2022Google Scholar Nutrition and dietetics practitioners should be aware of the following legal considerations when providing telehealth services18TelehealthLegal considerations. Health Resources and Services Administration.https://telehealth.hhs.gov/providers/legal-considerations/Date accessed: April 25, 2022Google Scholar:•Protecting patient health information: Take the necessary precautions to protect electronic health records from malware and hackers.•At the end of the PHE, all telehealth services will need to comply with HIPAA rules. According to the Health Resources and Services Administration, “while the U.S. Department of Health and Human Services Office for Civil Rights has issued a notice of enforcement discretion to waive HIPAA penalties [during the PHE], the State Attorney Generals have not issued the same notices. Under Sec. 13410(e) of the HITECH [Health Information Technology for Economic and Clinical Health] Act, State Attorney Generals are permitted to obtain civil money penalties on behalf of state residents for HIPAA violations.”18TelehealthLegal considerations. Health Resources and Services Administration.https://telehealth.hhs.gov/providers/legal-considerations/Date accessed: April 25, 2022Google Scholar Health care providers are urged to “check with any applicable states to see if they have also waived these penalties.”18TelehealthLegal considerations. Health Resources and Services Administration.https://telehealth.hhs.gov/providers/legal-considerations/Date accessed: April 25, 2022Google Scholar•Telehealth experts also advise health care practitioners to verify that their professional liability insurance coverage includes telehealth, and to confirm their policy is applicable in more than 1 state if they plan to provide virtual care in multiple states. The nonmaleficence principle in the Academy/Commission on Dietetic Registration Code of Ethics is intended to safeguard patient and client safety to prevent injury or harm. Adherence to local, state, and federal laws also ensures the provision of safe care. Compliance with both ethical standards and legal policy is a multifaceted approach that is intended to inform and empower the nutrition and dietetics practitioner before making business and care-related decisions.

How status‐group power differentials shape age discrimination within U.S. federal agencies: Evidence from EEOC formal complaint filings, 2010–2019

AbstractAge discrimination is a systemic problem of the American administrative state that undermines both the caliber and performance of the U.S. federal government workforce. A theory is proposed, anchored on discrimination against age‐eligible employees (age 40 and over) representing a social identity group, to explain how status‐group power differentials between supervisors and non‐supervisors within U.S. federal agencies explain the organizational incidence of formal discrimination complaints. The theory predicts that the incidence of age discrimination formal complaints is declining in the share of supervisory personnel who are discrimination age‐eligible while increasing in the share of non‐supervisory personnel members who belong to this group. Evidence is obtained for these hypotheses using objective data on Equal Employment Opportunity Commission's age discrimination formal complaints about an unbalanced panel of 130 U.S. federal agencies between 2010 and 2019. The empirical evidence underscores the structural challenges to combatting ageism within the U.S. federal government workforce during an era of an intergenerational personnel change.

In the Spirit of the Law

Research on the advancement of employment protections provided by Title VII of the Civil Rights Act of 1964 has focused on litigation and the role of civil rights groups in sponsoring this litigation. Yet the role of individual claims in presenting legal arguments for policy decisions at the agency level outside of litigation has been overlooked. Relying upon archival data from the Equal Employment Opportunity Commission (EEOC), this article demonstrates that individual claims of discrimination can be strategically used to advance specific interpretations of laws and to create social change. In the formative years of the EEOC, the National Association for the Advancement of Colored People (NAACP) collected individual claims to pressure the EEOC and Congress to establish affirmative action and other policies designed to advance progressive interpretations of Title VII. As such, claim-based campaigns may be used by interest groups to advance their agendas outside of the judicial system. At the same time, the assistance of the NAACP also reduced the number of claims that were delayed or denied, demonstrating that this type of advocacy has the potential to help claimants receive remedies to rights violations outside of the courts.