Erin Connell

Erin Connell

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Big Data, Big Problems: The Liability Pitfall Lurking Beneath the Shiny Surface of “People Analytics”

The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more

11/4/2015 - Analytics Big Data Class Action Disparate Impact Dukes v Wal-Mart EEOC Employer Liability Issues Employment Discrimination Employment Policies Hiring & Firing Popular Recruitment Policies Software Technology Sector

EEOC Rules that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

On the heels of the landmark decision by the Supreme Court in favor of gay marriage, the EEOC held on July 15, 2015 that sex discrimination under Title VII includes discrimination on the basis of sexual orientation. Even...more

7/29/2015 - EEOC ENDA Executive Orders Federal Employees Gay Rights Job Promotions LGBT OFCCP Same-Sex Marriage SCOTUS Sex Discrimination Sexual Orientation Sexual Orientation Discrimination Title VII

Is Your Wellness Program Healthy? EEOC Provides Much Needed Guidance in Proposed Rule

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule addressing how the Americans with Disabilities Act (ADA) applies to wellness programs that are part of group health plans and that...more

4/23/2015 - ADA Affordable Care Act Benefit Plan Sponsors EEOC Health Insurance HIPAA Proposed Regulation Wellness Programs

Employers Finally Get a Break—Court Reverses $90 Million Verdict and Holds That Employers Are Not Required to Relieve Employees of...

On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods mandated by California state...more

1/13/2015 - Appeals Corporate Counsel On-Call Employees Rest and Meal Break Reversal Right to Control Security Guards Summary Judgment Wage and Hour

Federal Contractors: In the Line of Regulatory Fire

On October 10, 2014, the White House hosted a listening session regarding President Obama’s “Fair Pay and Safe Workplaces” Executive Order, one of many new laws imposing significant new requirements on federal contractors....more

10/23/2014 - Compliance Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Minimum Wage OFCCP Reporting Requirements Wages

At Long Last, OFCCP Announces OMB Approval of a New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (OFCCP) first announced its intent to issue a new Scheduling Letter and Itemized Listing, the Agency finally has obtained approval to do so from...more

10/2/2014 - Affirmative Action Contractor Audits Employer Liability Issues Federal Contractors OFCCP OMB Reporting Requirements Scheduling Letters

PDA and Young: Pregnancy Discrimination Law to Break from Its Infancy

On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more

7/16/2014 - ADA Certiorari Discrimination EEOC Employer Liability Issues Enforcement Guidance Hiring & Firing Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more

4/9/2014 - Civil Rights Act EEOC Employer Liability Issues SCOTUS Title VII

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

11/27/2013 - Anti-Harassment Policies FEHA Internal Controls NFL NLRA OSHA Richie Incognito Workplace Bullying

NLRB Continues to Hold Firm on D.R. Horton Reasoning Despite Contrary Decisions in the Courts

Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board...more

9/11/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Ernst & Young GameStop NLRA NLRB

The High Cost of Hiring Unpaid Interns

Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience....more

6/26/2013 - Class Action FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wages

The EEOC Aggressively Pursues Criminal Background Check Policies

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

6/14/2013 - Ban the Box Criminal Background Checks Discrimination EEOC Hiring & Firing Job Applicants Race Discrimination

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