Americans with Disabilities Act Age Discrimination in Employment Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

EEOC Issues Enforcement Guidance on Retaliation

The Equal Employment Opportunity Commission ("EEOC") issued its Enforcement Guidance on Retaliation and Related Issues, along with two publications, a Question and Answer and a Small Business Fact Sheet. Together, these...more

Department of Labor Announces “Preassessment” Program For Government Contractors

Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month. Those looking to learn more about the topic can access our recent...more

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

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

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the...more

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues after Public Input Process

Today the U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses...more

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

Going For the Gold: How To Legally Recruit The Best Candidates

This summer the world’s greatest athletes are competing for Olympic gold. In order to win, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best...more

HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and...

In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more

Popularity and Pitfalls of Wellness Plans for Employers

Recently, wellness programs have gained popularity in the workplace. Approximately one half of all employers offer some kind of wellness program. This is due, in part, to the notion that healthy employees are more productive...more

Handling Applicant Criminal Records to Avoid Disability Discrimination Claims

With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other...more

EEOC Guidance on Retaliation: Make it Easier for Employees to Prove Their Case

This installment of our ongoing series on federal regulatory actions impacting employers examines the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related...more

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385...more

Retaliation Encyclopedia

The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic. This is the first time since 1998 that the EEOC has updated its guidance on this...more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

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