The Ninth Circuit Court of Appeals recently held that an employer may use after-acquired evidence to demonstrate that an employee is not qualified and therefore is not entitled to ADA protection. Anthony v. TRAX International...more
Today the U.S. Supreme Court raised the bar on a wide-ranging Civil War Era statute that prohibits discrimination in the making and enforcement of contracts. Comcast Corp. v. National Association of African-American Owned...more
On April 2, 2015, the EEOC issued a self-congratulatory press release in which it bragged mightily about a $100,000 judgment it just obtained in a discrimination lawsuit. The press release identified the defendant in the...more
The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits.
Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more
9/14/2017
/ Civil Rights Act ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Retaliation ,
Right to Sue Letter ,
Title VII
Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more
Adam Sandler fans will recall his Oscar-worthy starring role in the movie “The Waterboy,” in which he played a habitually-bullied waterboy for a college football team. Sandler played the part with an extremely pronounced...more
Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more
In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more
Yesterday we reported on an entertaining “man bites dog” case initiated by a former EEOC Phoenix Regional Office investigator who sued the EEOC for race discrimination, retaliation, and violation of her civil rights. “Another...more