News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Non-Disparagement Provisions

Maynard Nexsen

Practical Considerations Regarding the Use of Non-Disparagement Provisions in Light of Increased Scrutiny

Maynard Nexsen on

For years, many employers routinely drafted severance agreements to include both confidentiality and non-disparagement obligations. Over the course of 2023, several federal agencies, including the NLRB and the EEOC, issued...more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

Kelley Drye & Warren LLP

Employment Laws Shaping 2023

2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

DarrowEverett LLP on

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Seyfarth Shaw LLP

Policy Matters Newsletter - March 2023

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Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss...more

Goodwin

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

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

Beltway Buzz - November 2022 #2

118th Congress Takes Shape. The Buzz certainly didn’t think we’d still be dissecting the results of the 2022 midterms ten days after Election Day, but here we are....more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Upholds EEOC's Authority to Sue in Relation to Non-Disparagement Provision

When an employer provides an employee with a release and settlement agreement, the document regularly includes provisions that prohibit the employee from criticizing the employer and related parties. Several years ago, the...more

Snell & Wilmer

The SEC Continues to Impose Fines and Other Penalties on Companies Based Solely on the Content of Their Standard Corporate...

Snell & Wilmer on

In August 2016, we highlighted that companies may want to review the content of their standard severance agreements, settlement agreements, confidentiality agreements and similar documents in light of an unprecedented...more

Zelle  LLP

Employment Law Navigator – Week in Review: June 2016 #2

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Last week, the National LGBTQ Task Force and the District of Columbia’s Office of Human Rights issued a new report entitled Valuing Transgender Applicants & Employees: A Best Practices Guide for Employers. This follows the...more

Foley & Lardner LLP

EEOC Must Conciliate, But Still Few Answers Regarding Routine Separation Agreement Provisions

Foley & Lardner LLP on

In February 2014, the EEOC sent waves through employer communities when it filed a lawsuit against a national retail pharmacy contending some of the company’s separation agreement provisions — which many considered “standard”...more

Zelle  LLP

That is SO last week - September 2015 #2

Zelle LLP on

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

Zelle  LLP

That is SO last week - August 2015

Zelle LLP on

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Mintz - Employment, Labor & Benefits...

Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement

A federal court has tossed the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. While the EEOC still has a similar lawsuit pending against another company in Colorado, employers can...more

Foley & Lardner LLP

Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions in Separation Agreements

Foley & Lardner LLP on

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully...more

Akerman LLP

EEOC Alleges that Standard Severance Agreement Language Violated Title VII

Akerman LLP on

Certain standard provisions contained in separation agreements commonly used by employers violate federal law, according to the Equal Employment Opportunity Commission ("EEOC"). Specifically, EEOC in a suit filed in Illinois...more

Orrick - Employment Law and Litigation

If You Can’t Say Anything Good about Someone, Well, Keep Talking – The EEOC Challenges the Legality of Non-Disparage Agreements

As the saying goes, if it didn’t end badly, it never would have ended. That is often the case for former employees who no longer simply gripe to spouses or close friends about their former employers....more

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