Risk prevention is one of the ways, primarily through policy development and oversight, a nonprofit board ensures its nonprofit is legally in compliance with the laws that affect the way a nonprofit conducts its business. EEOC (equal employment (opportunity commission) rules are an important domain boards should at least annually be updated on in turns of changes and the organization's approach and status on compliance. Yes, it's the law and while the CEO/Exec will be responsible for the day to day, an annual accounting and of course attentiveness to any matters that arise throughout the year must be one "box" the board checks-off. I would add that if we have learned one thing over the past four years and before that, not all nonprofits do what's best for the employees or prospective employees. "Doing good" is not an inherent definition of nonprofits. EEOC, even in its momentarily weakened state, remains the law.
Law firm Seyfarth recently issued its annual EEOC Litigation Report. The report provides detailed analysis of the major case filings, policy directives, and all federal court rulings involving the Equal Employment Opportunity Commission in 2020. More details here: https://www.seyfarth.com/news-insights/seyfarth-releases-annual-2020-eeoc-litigation-report.html
FY 2020 saw a flurry of activity at the EEOC. Notably, the agency made strides to update its conciliation and mediation procedures, voluntarily scaled back some of its own litigation authority, and sought opportunities to collaborate with its fellow federal agencies. On top of these developments, the EEOC also saw substantial change in its leadership, with three new Commissioners (two Republicans and one Democrat) being sworn in. This activity and change in leadership translated to a significant decline in the number of cases filed by the EEOC against employers in FY 2020, with only 101 total cases filed (as compared to 149 in FY 2019 and 217 in FY 2018).
The report’s authors can discuss 2020’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation:
1. A Definitive Ruling by the U.S. Supreme Court On LGBTQ Employment Rights
2. In Religious Discrimination Law: Accommodations In The COVID-19 Era
3. Reasonable Accommodations Under The ADA: Increased Scrutiny Of “Direct Threat” Defense
4. Continued Focus On Complex Employment Relationships And Structures
5..Additional Insight Into Interaction Between Title VII And The Equal Pay Act
The report’s authors can discuss 2020’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation:
1. A Definitive Ruling by the U.S. Supreme Court On LGBTQ Employment Rights
2. In Religious Discrimination Law: Accommodations In The COVID-19 Era
3. Reasonable Accommodations Under The ADA: Increased Scrutiny Of “Direct Threat” Defense
4. Continued Focus On Complex Employment Relationships And Structures
5..Additional Insight Into Interaction Between Title VII And The Equal Pay Act