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EEOC Commissioners Vote on Three Policy Issues


EEOC issues form opinion letter on the Work Opportunity Tax Credit program and rescinds two sections in the Compliance Manual

The three member Commission participated in a remote meeting on April 28, 2020 to consider three policy items.  The considered:

  • An opinion letter explaining how EEOC-enforced laws do not prevent employers from using the Work Opportunity Tax Credit (WOTC).  The WOTC program encourages employers to hire and train people who are experiencing severe difficulties that are often linked to unemployment.  For employers to qualify for the tax credit, they must obtain official confirmation of job applicants’ WOTC status before making the offer of employment.  Past information discussion letters addressing the lack of conflict between the WOTC and EEOC-enforced laws could not be relied upon as a defense in court.  However, the formal opinion letter provides a defense under Title VII, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The vote was 2-1 in favor of the agency issuing the formal opinion letter.
  • The rescission of Section 604 of the Compliance Manual, Theories of Discrimination.  This section contains statements of law that are no longer accurate and subsequent agency guidance provides more detailed and up-to-date discussions on the same principles.  The vote was 2-1 in favor of rescinding Section 604.
  • The rescission of Appendix C, Section 604 on polygraph examinations since it was rarely used.  The motion was passed by a 2-1 vote.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.