During its first-ever remote public meeting held on April 29, 2020, in response to changes brought about by the coronavirus pandemic, the Equal Employment Opportunity Commission (EEOC) approved issuance of a formal opinion letter for the first time in decades. The letter explains that EEOC-enforced laws do not prevent employers from using an Internal Revenue Service (IRS) form dealing with the federal Work Opportunity Tax Credit (WOTC).
Notably, both Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA) explicitly delegate to the Commission the authority to issue formal opinion letters, up until now a practice rarely engaged in by the agency over the years. A formal opinion letter has particular significance because both laws provide that an employer that acts in good faith, in conformity with, and in reliance on a written interpretation or opinion of the Commission has a complete defense to liability.
Members of the Center for Workplace Compliance (CWC) can read more here.