Katharine Parker

Katharine Parker

Proskauer Rose LLP

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Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

8/4/2015 - Discrimination Disparate Impact Disparate Treatment EEOC Employee Training Hiring & Firing Popular Race Discrimination Screening Procedures Title VII

EEOC Updates Pregnancy Discrimination Guidance

Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. As we blogged...more

7/1/2015 - EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation Young v United Parcel Service

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

4/30/2015 - Chevron Deference Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC SCOTUS Title VII

EEOC Releases Proposed Rule on Employee Wellness Plans

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their...more

4/21/2015 - ADA Affordable Care Act EEOC HIPAA Popular Reasonable Accommodation Wellness Programs

Hiring Tests in the News

A front page article in yesterday's Wall Street Journal highlights the growing use of pre-employment personality and psychological testing to screen job candidates. These tests are designed to evaluate technical skills,...more

4/16/2015 - EEOC Hiring & Firing Proficiency Testing

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

3/31/2015 - ADA Appeals Burden-Shifting Disparate Impact Disparate Treatment EEOC PDA Popular Pregnancy Pregnancy Discrimination Pretext Reasonable Accommodation SCOTUS Summary Judgment Title VII Young v United Parcel Service

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...more

3/26/2015 - ADA Affordable Care Act Corporate Counsel Disability Discrimination EEOC Employee Incentive Plans Health Plan Sponsors NPRM OMB Wellness Programs

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position...

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide...more

3/25/2015 - Criminal Background Checks Drug Distribution EEOC Healthcare Professionals Hiring & Firing

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

3/2/2015 - Background Checks EEOC Employer Liability Issues Hiring & Firing

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

2/24/2015 - Criminal Background Checks Disparate Impact EEOC Employee Credit Checks Evidence Expert Testimony Hiring & Firing Summary Judgment Title VII

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

12/24/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employee Credit Checks Employer Liability Issues FCRA Hiring & Firing Job Applicants

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens ”involuntary” and thus violate Americans with...more

11/25/2014 - ADA Affordable Care Act EEOC Employer Liability Issues Enforcement Actions Medical Examinations Wellness Programs

Senate HELP Committee Issues Scathing Report on EEOC

Yesterday the Republicans on the Senate Committee on Health, Education, Labor and Pensions issued a Minority Staff Report entitled, “EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, and Lack of...more

11/25/2014 - EEOC Information Reports Legislative Agendas Legislative Committees

Gender Pay Gap – What Are Companies Doing?

It is no secret to our readers that the EEOC and the OFCCP have prioritized compensation discrimination issues as an enforcement priority. The general public, and hence employees, are also keenly aware of pay discrimination...more

11/20/2014 - Audits EEOC Employee Rights Equal Pay Gender-Based Pay Discrimination OFCCP Strategic Enforcement Plan

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

11/4/2014 - Civil Rights Act Class Action Disparate Impact EEOC FCRA LinkedIn Racial Discrimination Title VII

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...more

4/16/2014 - Civil Rights Act Credit Checks EEOC Summary Judgment Title VII

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

3/13/2014 - Background Checks EEOC FCRA FTC Human Resources Professionals

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more

3/11/2014 - Civil Rights Act EEOC Religion Religious Clothing Religious Discrimination Title VII Workplace Attire

Nevada Tenth State To Restrict Employer Use of Credit Checks

On May 23, 2013, Nevada's governor signed S.B. 127 to limit employer use of an applicant's or employee's credit history in hiring and personnel decisions....more

6/6/2013 - Background Checks Credit Reports EEOC Employer Liability Issues Hiring & Firing New Legislation Remedies

EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall

On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more

5/14/2013 - ADA EEOC GINA Risk Assessment Settlement

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

4/24/2013 - Credit Cards Credit Checks Discrimination EEOC FCRA Hiring & Firing

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training

New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements

On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be...more

1/10/2013 - Discrimination EEOC Equal Pay Gender Discrimination Gender-Based Pay Discrimination Title VII

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