Civil Rights Labor & Employment

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5 Things I Don’t Like About The EEOC’s “Pay Survey” Proposal

The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act. The proposal could certainly have been worse. The EEOC would...more

When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation. This ruling is in line...more

“Show Me the Money”: EEOC Seeks Pay Data from Large Employers

On January 29, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced a proposal to begin collecting pay data from private employers with 100 or more employees and federal contractors. The EEOC currently...more

EEOC Doubles Down on Push for Pay Equity: Requiring Pay Data on EEO-1 Reports

The EEOC’s latest proposal, requiring employers to report pay data annually on their EEO-1 reports, shows that the Obama Administration means business when it comes to pushing for pay equity—not only for women, but also for...more

Friendly Reminder: Reverse Discrimination Is Against The Law, Too

Pretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it’s against members of minority groups or whether it’s against Caucasians. A...more

Make the Most of your Mediation: The Employment Case

Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more

Jury Awards Over $31 Million To Former Wal-Mart Employee—But Wal-Mart Probably Won’t Have To Pay Most Of It

McPadden v. WalMart Stores East, L.P., No. 14-cv-475, awarded more than $31 million to a former Wal-Mart employee who had worked for the company as a pharmacist. The plaintiff sued for discrimination and retaliation after...more

EEOC Announces Proposed Collection of Pay Data with EEO-1 Reports

The federal government’s enforcement efforts relating to equal pay are intensifying after President Obama’s recent announcement that the Equal Employment Opportunity Commission (EEOC) will begin to collect expanded...more

Gender Discrimination and Your Workforce: Compliance Considerations for 2016

Planning for gender equity in compensation and all employment decisions is critical for every employer, and is worth discussing with your professional advisors as the law changes. Starting in 2017, employers with more than...more

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of...more

New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in...more

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a...more

Reducing the Risks of Pay Discrimination Claims: Employer Pay Equity Audits

With a proliferation of recent legislative changes and proposed regulatory changes, pay equity is going to be an issue for which employers need to prepare and face head on. Generally speaking, employers may be at risk for pay...more

Downsizing and Firing Employees in California

Most companies will eventually face the unpleasant task of terminating an employee or group of employees. When they do, it’s critical that they follow best practices and comply with applicable laws for many reasons, ranging...more

EEOC Announces Proposed Changes to EEO-1 Report Requiring Large Employers to Report Pay Data

On January 29, 2016, the U. S. Equal Employment Opportunity Commission (EEOC) announced a proposed revision to the Employer Information Report (EEO-1) that will require private employers, including federal contractors, with...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Get Ready to Share More: EEO-1 Soon to Require More on Pay and Wages

The EEOC has proposed a new rule to revise the federal EEO-1 form to include employee pay data on filings beginning September 30, 2017. EEO-1s would have to include W-2 earnings for all employees within an EEO-1 job category...more

EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades

The EEOC seeks public comment on its new Enforcement Guidance on Retaliation and Related Issues, which will supersede the agency’s last-issued guidance on the topic from 1998. The updated guidance addresses several...more

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate...

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as...more

Rental Pro to Pay $37,000 to Settle EEOC Age Discrimination Lawsuit

Equipment Rental Company Owner Sought 'Younger and Peppier' Employees, Federal Agency Charged - LOUISVILLE, Ky. - Rental Pro, a miscellaneous equipment rental company located in Somerset, Ky., with locations in Hazard,...more

EEOC Proposes Requiring Employers to Report Pay and Hours Worked Information on EEO-1 Forms

In accordance with the Obama administration's efforts to combat a perceived gender gap in compensation, the EEOC has proposed revising the Employer Information Report (EEO-1) to require employers to provide information on...more

Save-A-Lot Franchise Pays $125,000 to Settle EEOC Sexual Harassment Suit

Company Ignored Escalating Sexual Harassment and Sexual Assault of Female Cashier, Federal Agency Charged - GREENVILLE, Miss. - The Canton, Miss., franchise of Save-A-Lot Grocery operated by Potter and Sims Foods, Inc.,...more

Proposed Changes to EEO-1 Reports Will Increase Burdens on Employers

This week, the EEOC proposed significant changes to the familiar EEO-1 reports. Under the EEOC’s proposal, employers with more than 100 employees ("large employers") will be required to report employee compensation and hours...more

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register With the publication, the EEOC also...more

EEOC Wants Employer Payroll Data To Discover Pay Discrimination

The Equal Employment Opportunity Commission (EEOC) has proposed revisions to the annual Employer Information Report (EEO-1) which would require employers to provide additional pay data. The proposed revisions would apply to...more

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