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Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Lessons in dealing with an “equal opportunity” harasser

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

Recognizing and Managing Disparate Impact Issues

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and...more

Conservative Expression May Be Unlawful Harassment, EEOC Says

Is wearing a “Don’t Tread on Me” cap to work a form of racial harassment? According to the Equal Employment Opportunity Commission, it could be, even though the EEOC acknowledges that the Gadsden Flag “originated in the...more

Politics in the Workplace: What Must Employers Allow?

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

Busting Employment Law Myths

Employment lawyers get to hear lots of great stories and lots of client opinions. That’s part of why we love our jobs. Many of the stories describe goofy or inappropriate employee behavior – and some include goofy or...more

ATF Final Rule 41F – Background Checks for Responsible Persons

Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks. The Bureau of...more

Fifth Circuit Says Texas May Challenge EEOC Criminal Background Check Guidance

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance stating when employers’ use of criminal background checks to exclude applicants from jobs violates Title VII. The Guidance states the EEOC’s...more

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

Down Goes HB 1523: Judge Reeves Enjoins Mississippi from Enacting Controversial Religious Freedom Law

Late Thursday last night, Judge Carlton Reeves, United States District Court for the Southern District of Mississippi, entered a 60-page order striking down HB 1523, Mississippi’s controversial “Protecting Freedom of...more

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: June 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new guidance for boards of directors on business and human...more

Supreme Court Update: Foster V. Chatman (13-8349), Green V. Brennan (14-613) And Wittman V. Personhuballah (14-1504)

Just one new decision today (along with the first cert grant in ages). In United States Army Corps of Engineers v. Hawkes Co. (No. 15-290), the Court held that a jurisdictional determination by the Army Corps of Engineers...more

An overview of Bill S-201: An Act to prohibit and prevent genetic discrimination

On May 3, 2016, Bill S-201, An Act to prohibit and prevent genetic discrimination, was given its first reading in the House of Commons. Originally introduced and recently passed in the Senate as a private Member’s bill, the...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

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