Brooke Colaizzi

Brooke Colaizzi

Sherman & Howard L.L.C.

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Latest Publications


EEOC Loses One, Wins One

The EEOC had a roller coaster week with respect to its aggressive challenges to employers’ background check practices. On September 3, a federal district court in Maryland slapped the EEOC with an attorney’s fees...more

9/10/2015 - Attorney's Fees Background Checks BMW Consent Decrees Criminal Background Checks Discrimination EEOC

Big Brother is Watching: Contractors Required to Report Labor Law Violations

Reminder to all clients who are federal contractors: the federal government will now consider a prospective contractor’s past labor law compliance in determining whether or not the contractor has the requisite “satisfactory...more

8/20/2015 - Disclosure Requirements DOL Executive Orders Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations Wage and Hour

The 2014 Colorado Legislative Session in Review

The 2014 Colorado legislative session adjourned on May 7, 2014. The legislature tweaked several pre-existing employment laws but steered away from major changes to the employment relationship in Colorado. Below is a summary...more

5/15/2014 - ADA Disability Disability Discrimination Employee Rights Employer Liability Issues Fines Legislative Agendas Minimum Wage Wage and Hour

“A Theory in Search of Facts”: Federal Court Blasts EEOC Challenge to Criminal and Credit Background Checks

Criticizing the EEOC for placing employers in a "Hobson's choice" related to the criminal and credit background check of job applicants, the federal district court in Maryland threw out the EEOC's lawsuit against an event...more

9/12/2013 - Credit Reports Criminal Background Checks Discrimination Disparate Impact EEOC Job Applicants

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

7/15/2013 - ADA Disability Discrimination EEOC Genetic Discrimination GINA Medical Records

Court Throws Out EEOC’s Challenge to Use of Credit Information in Hiring

In a decision that was more a commentary on the sufficiency of the EEOC's expert witness than a victory for employers' hiring practices, a federal court in Ohio dismissed the EEOC's challenge to Kaplan Higher Learning...more

3/13/2013 - Credit Reports EEOC Hiring & Firing

Is Firing an Employee the Same as Reemploying Him?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to return a military veteran-employee to the "position of employment" he or she would have been in had the employee not left to...more

1/4/2013 - Hiring & Firing Termination USERRA Veterans

Proposed Regulations Would Promote Growth of Wellness Programs

Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more

1/4/2013 - ADA Affordable Care Act Discrimination DOL EBSA HHS HIPAA IRS Treasury Wellness Programs

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