EEOC Delays Collection of 2019 EEO-1 Data Until 2021
Client Alert | 1 min read | 05.08.20
On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will delay its collection of 2019 EEO-1 Component 1 data collection until 2021, in recognition of challenges currently facing employers given the Coronavirus Disease 2019 (COVID-19) pandemic. The EEOC anticipates that it will begin collecting 2019 and 2020 EEO-1 Component 1 data in March, 2021, and will notify filers of the precise date on which they may begin filing as soon as that information is available. Despite the temporary reprieve, employers should continue to collect and maintain the necessary race, ethnicity, gender, and EEO-1 category data required to complete the report. Last Fall, the EEOC stated that it would not seek Office of Management and Budget (OMB) approval to collect the “Component 2” compensation and hours data it was ultimately required to collect for 2017 and 2018, so employers will only need to submit Component 1 demographic data when filing resumes.
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Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
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