The Washington Report
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June 29, 2022
Note to Subscribers
The Washington Report will not be published on July 6, 2022. Look for your next Aon Washington Report on Wednesday, July 13, 2022.
Other HR/Employment
EEOC Announces Addition of X Gender Marker to Voluntary Questions During Charge Intake Process
On June 27, 2022, the Equal Employment Opportunity Commission (EEOC) announced full implementation of the opportunity to select a nonbinary “X” gender marker during the intake process for filing a charge of discrimination. Consistent with the growing recognition that presenting only “male” and “female” options does not reflect the full range of gender identities, the EEOC has added an option to select a nonbinary “X” gender marker during two critical stages of the intake and charge filing process:
- The EEOC has updated the voluntary demographic questions relating to gender in the online public portal that members of the public use to submit inquiries about filing a charge of discrimination, as well as the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form that are sometimes used in lieu of the portal.
- The EEOC has also modified its charge of discrimination form to include “Mx.” in the list of prefix options.
The news release is available here.
The EEOC website on Sexual Orientation and Gender Identity (SOGI) Discrimination is available here.
Spring 2022 Regulatory Agenda Released
On June 21, 2022, the Biden Administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions, which provides an updated report on the actions federal departments and administrative agencies (e.g., the Department of Labor (DOL), EEOC, Department of the Treasury, Department of Health and Human Services, Pension Benefit Guaranty Corporation, etc.) plan to issue in the near and long term. The agendas include regulatory plans and priorities and provide a framework of activity expected throughout this year and ending in May 2023. Departments and agencies may delay the release of regulations at any time, so it is important to note that projected timelines are estimates and may not be met by the date(s) indicated in the agendas.
A variety of regulations are scheduled to be issued in the months ahead potentially impacting health care, retirement, compensation, and employment. For additional information, please refer to the specific regulatory agendas.
The link to the current Unified Agenda of Regulatory and Deregulatory Actions (i.e., updated Regulatory Agendas and Plans, searchable by department and agency) is available here.
The complete Semiannual Agenda website is available here.
A DOL news release is available here.
DOL Publishes Guidance on Rehabilitation Act Section 511 and FLSA Section 14(c)
On June 16, 2022, the DOL’s Wage and Hour Division issued a new Field Assistance Bulletin (FAB Number 2022-4) on important limitations on the payment of subminimum wages under Section 511 of the Rehabilitation Act, which applies to certified employers otherwise authorized to pay subminimum wages to workers with disabilities under specific requirements of the Fair Labor Standards Act (FLSA). Section 511 requires employers with a certificate under Section 14(c) of the FLSA to ensure that workers have received information prior to and throughout the duration of employment at a subminimum wage. When employers fail to comply with the requirements of Section 511, they are required to pay workers the full federal minimum wage.
The new guidance, FAB Number 2022-4, Enforcement of the Rehabilitation Act Section 511 Requirements for Workers with Disabilities in the Section 14(c) Program, supplements FAB Numbers 2016-2 and 2019-1, Fact Sheet 39H, and other materials designed to provide guidance on the provisions of Section 511 and the protections it offers workers in the Section 14(c) program. The new FAB reaffirms and provides assistance to stakeholders in determining compliance with the timing and documentation requirements of Section 511.
The news release is available here.
The new guidance, FAB 2022-4, Enforcement of the Rehabilitation Act Section 511 Requirements for Workers with Disabilities in the Section 14(c) Program, is available here.
FAB Number 2016-2 is available here.
FAB Number 2019-1 is available here.
Fact Sheet 39H is available here.
The Materials for Employers with Section 14(c) Certificates information page is available here.
Aon Publications
U.S. Supreme Court Overrules Roe v. Wade and Planned Parenthood v. Casey
In a landmark ruling, the United States Supreme Court held in Dobbs v. Jackson Women’s Health Organization that the United States Constitution does not confer a right to abortion and that states may regulate the practice of abortion. In doing so, the Court overturned Roe v. Wade and Planned Parenthood v. Casey, two cases that had governed legislative restrictions on abortion services, and upheld a Mississippi law that generally prohibited abortion services after the fifteenth week of pregnancy.
This Aon bulletin addresses:
- The Dobbs Decision
- State Laws Regulating Abortion Services
- Adopting and Expanding Travel and Lodging Benefits for Abortion Services
- Tax Implications for Travel and Lodging Expenses
- Next Steps for Employers
The bulletin is available here.