Katharine Parker

Katharine Parker

Proskauer Rose LLP

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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 UGESP

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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