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EEO-1 Report Deadline Approaching
As the deadline for filing EEO-1 reports draws near, remember to file your 2024 workforce demographic data in the EEO-1 Component 1 data collection portal by June 24, 2025. Employers can reference the Equal Employment Opportunity Commission's updated Instruction Booklet, FAQs, fact sheets, and data file specifications for more information. Notably the window for filing is shorter this year, and the EEOC indicated there will not be an extension of the deadline as in prior years.
As a reminder, Avionté supports our clients in maintaining compliance with the use of this report.
Opening Day for EEO-1 Filing Period
Today, May 20, 2025, marks the opening of the EEO-1 Component 1 data collection portal for all private employers with 100 or more employees. Employers are now able to file their 2024 workforce demographic reports through the Equal Employment Opportunity Commission (EEOC)'s portal. Employers should read the updated Instruction Booklet, FAQs, fact sheets, and data file specifications. Note that recent changes initiated by the new Presidential administration were approved on May 12, 2025, removing the option for employers to report non-binary status for employees. The deadline to file this 2024 report data is June 24, 2025, and the EEOC has indicated that there will not be an extension of the deadline as in prior years. As a reminder, Avionté supports our clients in maintaining compliance with the use of this report.
EEOC Publishes Final Rule for Pregnant Worker Fairness Act (PWFA)
While the PWFA is already in effect, the final regulation of the law is set to be published on April 19, 2024, and the regulation will go into effect 60 days later. The law requires employers to provide reasonable accommodations for workers who have limitations due to pregnancy, childbirth, and related medical conditions. This article by Fisher Phillips and an article by the National Law Review contain more information on the PWFA.
Tearing the Paper Ceiling – No Degree? No Problem!?
More employers are dropping degree requirements to increase the size of their applicant pool and to broaden the diversity of those candidates. Given the expense of college tuition, obtaining an advanced degree can be a barrier to employment for many workers who may have the skills and experience necessary to perform the job. Employers should consider whether a degree is an absolute requirement or bona fide occupational qualification (BFOQ). The Equal Employment Opportunity Commission (EEOC) notes that such a requirement must be job-related and consistent with business necessity. Otherwise, it may violate Title VII of the Civil Rights Act if it has significant adverse impact on a protected group. Just like other employers, staffing companies might consider sourcing candidates who do not have a degree and are skilled through alternative routes.
California
UPDATE:
LA County Fair Chance Ordinance Now in Effect
Los Angeles County’s Department of Consumer and Business Affairs (DCBA) has just updated the notice required by the ordinance that must be posted effective September 3, 2024. This notice on the DCBA website informs workers, including contractors and freelance workers, of their rights under the Fair Chance Ordinance for Employers.
Expansion of the LA County Fair Chance Ordinance Soon in Effect
New requirements for employers with locations or remote employees located in unincorporated Los Angeles County (ULAC) will be in effect as of September 3, 2024. California employers are already impacted by the state version (California Fair Chance Act) and the Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO) that does not allow consideration of criminal history information until after a conditional offer and the initiation of a background check. The ULAC FCO will also prohibit employers from inquiring about criminal history until after the candidate receives a copy of the background check report. For more details on additional requirements, refer to LA County's FAQ and this article by Seyfarth Shaw.
L.A. Country to Enforce More Restrictive Ban the Box
Since the Fair Chance Act went to effect in California state in 2018, employers have been prohibited from asking applicants to disclose criminal history prior to a conditional job offer. Starting March 28, employers in Los Angeles County are subject to additional requirements under their county's new Fair Chance Ordinance for Employers with penalties imposed by September 3, 2024. For more clarity on this 40-page ordinance, please refer to California-based CDF Labor Law's website.
Oregon
Oregon Expands Age Discrimination Protections
On May 22, 2025, Oregon Governor Tina Kotek signed HB 3187 into law, expanding the state's age discrimination protections in hiring and apprenticeships. This is scheduled to take effect on September 30, 2025. Employers and employment agencies will be prohibited from asking for an applicant’s age, date of birth, and educational institution attendance or graduation date until after the interview (or a conditional offer if there was not an initial interview). Age-related inquiries are not restricted for positions where this information is needed to affirm bona fide occupational qualifications (BFOQ) or for compliance with regulations, such as safety requirements.
Employers should review their employment applications, artificial intelligence applicant screening tools, background check initiations, and interview procedures to ensure compliance with the new law. For example, online application forms requesting date of graduation may need to be modified. More information is available in this Littler article and on Oregon's website.
In addition to restricting age-related hiring inquiries, the Oregon law also repeals a provision that allowed apprenticeship programs to exclude applicants who would be unable to complete required apprenticeship training before the age of 70.
Washington
Washington Provides Workplace Protections
A new law in the state of Washington, SB 5104, protects employees from coercion in the workplace based on immigration status. An example of workplace coercion would be if an employer asks an employee to work unpaid overtime after noting their immigration status. The law is effective July 1, 2025, and violations may result in civil penalties for the employer that will be imposed by the state's Department of Labor and Industries.
Washington Driving Requirements and Job Postings
In addition to the reformation of their existing fair chance hiring laws, Washington state also recently passed Senate Bill 5501 that will prohibit employers from requiring a driver’s license as a condition of employment. Exceptions to this include roles where driving is an essential function of the job or if the requirement relates to a legitimate business purpose. The intent of this bill is to eliminate barriers to employment, particularly for applicants who don’t drive due to economic or disability-related reasons. Employers should update their job descriptions as needed to clarify when driving is essential to the position and audit any that contain unnecessary driver’s license requirements. This law is effective July 27, 2025.
Washington Fair Chance Act Expanded
Washington state amended its existing fair chance law with the passage of HB 1747, which will further restrict the use of criminal records by employers. The amended law will take effect on July 1, 2026, and it will prohibit inquiries by an employer about criminal records until after a conditional offer has been extended. Noncompliance will result in increased penalties under the amendment. Employers should update their job application process and job offer templates to comply with the law and train personnel on these upcoming requirements.
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