Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business. From a worldwide pandemic severely affecting global communities, markets...more
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more
In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and...more
On March 19, 2019, Facebook settled several lawsuits brought by the American Civil Liberties Union (ACLU), the Communications Workers of America, and various housing groups related to the placement of employment...more
This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more
1/30/2019
/ Consent Decrees ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Regulatory Agenda ,
Settlement Negotiations ,
Subpoenas ,
Wage and Hour
Imagine that your employee comes to you and tells you that a few days ago when she was helping a busboy change out the kegs in the basement, he groped her....more
7/30/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hospitality Industry ,
Hostile Environment ,
Policies and Procedures ,
Restaurant Industry ,
Risk Management ,
Sexual Harassment ,
Title VII
This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more
2/28/2018
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Big Data ,
Civil Rights Act ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Government Investigations ,
Harassment ,
LGBTQ ,
Mediation ,
National Origin Discrimination ,
Regulatory Agenda ,
Religious Accommodation ,
Sexual Harassment ,
Title VII ,
Transgender
Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more
10/4/2017
/ Adverse Employment Action ,
Employee Reassignment ,
Employee Rights ,
First Amendment ,
Free Speech ,
Harassment ,
Hiring & Firing ,
NLRA ,
Police Brutality ,
Political Affiliation ,
Political Expression ,
Protests ,
Race Discrimination ,
Retaliation ,
Section 7
Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more
8/1/2017
/ Amicus Briefs ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana that discrimination on the basis of sexual orientation is a form of sex discrimination under Title...more
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
2/27/2017
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Class Action ,
Compensation & Benefits ,
Conciliation ,
Corporate Counsel ,
Disability ,
Discovery ,
Discrimination ,
EEO-1 ,
Employee Benefits ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
GINA ,
Harassment ,
Hiring & Firing ,
Human Trafficking ,
Injunctive Relief ,
LGBTQ ,
Medical Records ,
National Origin Discrimination ,
Pay Gap ,
Race Discrimination ,
Recruitment Policies ,
Regulatory Oversight ,
Retaliation ,
Retirement ,
Settlement ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Small Business ,
Technology ,
Title VII ,
Transgender ,
Transparency ,
Voir Dire ,
Wages ,
Wellness Programs
On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more
11/30/2016
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
National Origin ,
National Origin Discrimination ,
Policies and Procedures ,
Recruitment Policies ,
Title VII
As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more
11/21/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Discrimination ,
Employment Discrimination ,
Equal Pay Act ,
Harassment ,
NLRA ,
Policies and Procedures ,
Pregnancy Discrimination ,
Presidential Elections ,
Retaliation ,
Social Media Policy ,
Title VII ,
Trump Administration
Employers have been warned time and time again – retaliation claims are on the rise. With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more
Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more
9/1/2016
/ Burden of Proof ,
Burden-Shifting ,
Corporate Counsel ,
Discovery ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Evidence ,
Falsified Documents ,
Freight Forwarding ,
Hiring & Firing ,
Hostile Environment ,
McDonnell Douglas Formula ,
Race Discrimination ,
Summary Judgment ,
Termination ,
Trial Preparation
In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more
6/17/2016
/ Americans with Disabilities Act (ADA) ,
COBRA ,
Family and Medical Leave Act (FMLA) ,
Hate Crimes ,
LGBTQ ,
Life Insurance ,
Mass Shootings ,
Natural Disasters ,
Non-Discrimination Rules ,
PTSD ,
Reasonable Accommodation ,
Terrorist Acts ,
Wage and Hour ,
Workplace Violence
On June 2, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) released, for a 30-day public input period, proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil...more
On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more
5/20/2016
/ Attorney's Fees ,
Corporate Counsel ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Frivolous Lawsuits ,
Hostile Environment ,
Judgment on the Merits ,
Pre-Suit Investigation ,
Prevailing Party ,
SCOTUS ,
Sexual Harassment ,
Title VII
This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
1/13/2016
/ Americans with Disabilities Act (ADA) ,
Annual Reports ,
Class Action ,
Corporate Counsel ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Hiring & Firing ,
Pregnancy Discrimination ,
Religious Discrimination ,
Wage and Hour ,
Wellness Programs ,
Young Lawyers
Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co. The first...more
9/30/2014