News & Analysis as of

Employee Rights Equal Employment Opportunity Commission

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

by Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

EEOC Ain’t Over ‘Til It’s…Forever

by Sherman & Howard L.L.C. on

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Fisher Phillips on

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

You Can’t Spell “THE GIG ECONOMY” Without “E-E-O-C”

by Fisher Phillips on

When the EEOC published its Strategic Enforcement Plan for 2017-2021 in October, the EEOC had identified “complex employment relationships” as an area it wished to explore more closely in the coming months and years. In the...more

4 More Things to Know About Transgender Rights in the Workplace

by Baker Donelson on

“Bathroom Bills” Apply to All Public Facilities, Including Showers and Locker Rooms. Despite being commonly referred to as “bathroom bills,” the laws and policy statements regarding transgender individual’s bathroom...more

EEOC Looking For Religious Discrimination Claims From Young Workers

by Poyner Spruill LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released a one-page fact sheet, which it says will help young workers understand their rights under Title VII of the Civil Rights Act, and specifically...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

by FordHarrison on

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Double Trouble: EEOC Increases Penalty for Posting Violations

by Akerman LLP - HR Defense on

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more

Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent...more

EEOC Issues New Resource Document Addressing Issues Related to Leave and Disability

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a new resource document that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the...more

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

New ‘Digest Of EEO Law’ Issued By EEOC

Latest Quarterly Edition Includes Selected Notable 2015 Decisions WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal Employment...more

EEOC Firmará Acuerdo Nacional de Entendimiento con el Ecuador el 10 de Noviembre

El Acuerdo establecerá una colaboración en contra de la discriminación - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo (EEOC, por sus siglas en inglés) firmará un Acuerdo Nacional de...more

EEOC to Sign National Memorandum of Understanding with Ecuador on Nov. 10

Agreement Will Establish Ongoing Collaboration to Fight Discrimination - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) will enter into a national Memorandum of Understanding (MOU) with Ecuador on...more

Discipline Based on Social Media Activity – An Update

by Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

by Hinshaw & Culbertson LLP on

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

Preparing for Compliance with California’s New Fair Pay Act

by Reed Smith on

When California’s Fair Pay Act goes into effect January 1, 2016, the state’s employers will be subject to the strictest equal pay law in the country. The new law is part of an increased effort on both the federal and state...more

That is SO last week - October 2015 #4

by Zelle LLP on

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Jury Awards $240,000 to Muslim Truck Drivers In EEOC Religious Discrimination Suit

Star Transport Fired Truckers for Refusing to Transport Alcohol, Federal Agency Charged - CHICAGO - A federal jury in Peoria, Ill., has awarded $240,000 to two Somalian-American Muslims who were fired from their jobs as...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Time Warner-EEOC Settlement Provides a Cautionary Tale to Employers Who Provide Mothers More Parental Leave Than Fathers

I recently read in the NY Times that the Equal Employment Opportunity Commission settled a charge with Time Warner, Inc., the parent company of CNN and Turner Broadcasting System, Inc. where a former employee alleged that...more

Shots or Not? The Pros and Cons of Mandatory Workplace Flu Vaccination

While we continue to enjoy warm September weather, flu season (typically lasting from October through May) will soon be here. Many employers—health care providers in particular—are now considering or preparing to implement...more

Impact of the Same-Sex Marriage Decision on Employee Benefit Plans

by Thompson Coburn LLP on

In Obergefell v. Hodges, the Supreme Court held that states may not deny same-sex couples the right to marry, finding that doing so violates the Fourteenth Amendment. Writing for the five-justice majority, Justice Kennedy...more

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