News & Analysis as of

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Class Action

Fox Rothschild LLP

EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA

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In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s...more

Seyfarth Shaw LLP

Senate Confirms New EEOC General Counsel As New Case Filings Climb

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Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

Fox Rothschild LLP

EEOC and DOL/WHD Sign Formal Cooperation Agreement

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The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies through...more

U.S. Equal Employment Opportunity Commission...

Houcorp, Inc. to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Fast Food Restaurant Franchise Agrees to Provide ASL Interpreters for Applicants and Employees - SEBASTIAN, Fla. – Houcorp, Inc. (Houcorp), a fast-food restaurant franchise operating seven restaurants in Indian River and...more

Jackson Lewis P.C.

EEOC Classwide Subpoena Based on Individual Allegations Too Broad, Federal Appeals Court Rules

Jackson Lewis P.C. on

Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held...more

Fox Rothschild LLP

The EEOC’s Artificial Intelligence Guidelines and the Risk of Class Action Litigation

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On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the...more

Lippes Mathias LLP

Emerging Issue: AI Governance

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Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Global Medical Response and American Medical Response for Religious and Disability Discrimination

Emergency Transport Companies Failed to Accommodate First Responders with Beards for Religious Reasons or due to Medical Conditions, Federal Agency Charges - DENVER – Emergency transport companies Global Medical Response,...more

Fox Rothschild LLP

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

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The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

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In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2018: Trend #3 Governmental Enforcement Litigation Trends In 2018

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Seyfarth Synopsis: On the governmental enforcement front, the change-over from the Obama Administration to the Trump Administration had little to no impact on reducing the pace of litigation filings and settlements in 2018 at...more

Payne & Fears

Key California Employment Law Cases: August 2018

Payne & Fears on

This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, just say no to these disability/pregnancy practices!

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more

Seyfarth Shaw LLP

Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

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In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

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

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2017

Proskauer Rose LLP on

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Zelle  LLP

Employment Law Navigator – Week in Review: December 2016 #3

Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

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This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Epstein Becker & Green

Benefits Litigation Update – Fall 2016

Epstein Becker & Green on

A Publication from Epstein Becker Green and The ERISA Industry Committee - Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

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