News & Analysis as of

Americans with Disabilities Act Title VII Age Discrimination

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 -

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Annual Report on EEOC Developments – Fiscal Year 2016

by 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

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

by Reminger Co., LPA on

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

by Hinshaw & Culbertson LLP on

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Big Data Can Lead to Big Legal Problems For Companies

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Causation In Federal Remedial Rights And Alternative Pleading

by Seyfarth Shaw LLP on

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

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

by Seyfarth Shaw LLP on

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

EEOC takes aim at Target for discriminatory pre-employment tests

by McAfee & Taft on

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

by Jaburg Wilk on

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

EEOC, Huyssen, Inc., Licensed to Use the Registered Service Mark Sedona Staffing, and Sedona Group Reach Agreement on...

SAN DIEGO, Calif. - Huyssen, Inc., licensed to use the registered service mark Sedona Staffing and the Sedona Group, agreed to pay $920,000 and implement preventive measures to settle a variety of discrimination charges filed...more

Supreme Court Requires “But-For” Causation In Title VII Retaliation Claims

by Franczek Radelet P.C. on

In 2009, the Supreme Court made it more difficult to prevail on a claim under the federal age discrimination statute by holding that a plaintiff must show that the protected activity was the “but for” cause of the adverse...more

Recordkeeping Part I

by Gray Reed & McGraw on

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

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