Human Resources

The Washington Report

June 30, 2021

Note to Subscribers: Holiday Publication Schedule

The Washington Report will not be published on July 7, 2021. Look for your next Aon Washington Report on Wednesday, July 14, 2021.



House Approves Protecting Older Workers Against Discrimination Act; Senate Passage Uncertain
On June 23, 2021, the House passed with a 247–178 vote the Protecting Older Workers Against Discrimination Act (H.R. 2062). The bill would revise the evidentiary standard for age discrimination by establishing an unlawful employment practice when “the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims).” The bill moves to the Senate, where passage is uncertain.

The full text of H.R. 2062 is available here.



IRS Extends Relief to Physical Presence Requirement for Notary an Additional 12 Months
On June 24, 2021, the Internal Revenue Service (IRS) issued Notice 2021-40, which provides a 12-month extension to the temporary relief from the requirement to have the “physical presence” of a spouse in order to have a notary or plan representative witness their written consent to a participant’s election. Extended relief, previously provided in IRS Notice 2021-03, would have expired on June 30, 2021. The relief is now extended through June 30, 2022. Notice 2021-40 continues to allow a notary to witness consent to an election via live audio-video technology that meets the notary requirements following state laws that apply to notaries or to be witnessed by a plan representative using a live audio-video technology that meets specific requirements. Additionally, the IRS has requested comments relating to the notary process and whether permanent guidance modifying the physical presence requirement should be issued. Comments on whether permanent guidance modifying the physical presence requirement should be issued are due by September 30, 2021.

IRS Notice 2021-40 is available here.

Other HR/Employment


IRS Releases Fiscal 2020 Data Book; Describes Agency’s Activities During COVID-19
On June 24, 2021, the Internal Revenue Service (IRS) issued the Data Book detailing the agency's activities during fiscal year 2020 (October 1, 2019, through September 30, 2020). The IRS Data Book for fiscal 2020 comprises 33 tables describing all IRS activities from returns processed and revenue collected to numbers and amounts from examinations of returns and collection methods, as well as compliance presence, budget, and personnel information.

The IRS news release is available here.

The IRS Data Book is available here.

EEOC Issues New EEO Digest; Includes Selected Notable 2020 Decisions
On June 24, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the newest edition of the federal sector Digest of Equal Employment Opportunity Law (EEO Digest) is available on the EEOC’s website. The EEO Digest, a quarterly publication prepared by the EEOC’s Office of Federal Operations, features a wide variety of recent decisions and federal court cases of interest. This edition of the EEO Digest contains summaries of noteworthy decisions issued by the EEOC, including cases involving attorneys’ fees, compensatory damages, and complaint processing. It also includes cases discussing dismissals, findings on the merits, mixed-motive, remedies, sanctions, settlement agreements, stating a claim, summary judgment, and timeliness.

The EEOC news release is available here.

The latest EEO Digest is available here.

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