When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more
The Equal Employment Opportunity Commission (“EEOC” or “Agency”) has issued new procedural regulations for handling employment discrimination charges. 29 CFR 1601; 29 CFR 1626. The regulations now provide for the digital...more
Seyfarth Synopsis: On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents...more
On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records...more
In a recent EmployNews article, we reported on a federal appellate circuit split over how courts should dispose of employment discrimination suits where the plaintiff fails to file an EEOC charge within the required statutory...more
As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more
In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran, vacated last year’s decision in...more
In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman...more
It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more
It’s one of those days. An envelope containing a charge from the U.S. Equal Employment Opportunity Commission (EEOC) arrives on your desk. The charging party is a recently departed employee, and it’s the company’s first...more
In a disturbingly increasing number of charge investigations, employers have faced broad information requests from the Equal Employment Opportunity Commission (EEOC), including requests that appear unrelated to the charging...more
The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the...more
Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation. However, the EEOC continues to change its procedures in ways which makes it more...more