News & Analysis as of

Employers’ Guide To The 1st Presidential Debate

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more

District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more

Harassment Investigation Techniques

In a recent post, we talked about how digital technology can provide a platform for sexual harassment in the workplace. Today, we want to focus on the investigation of complaints of sexual harassment, including a review of...more

One Expensive Bottle of Orange Juice: Denial of a $1.69 Orange Juice Costs Dollar General $277,565 in Back Pay and Damages

On September 16, 2016, a Tennessee jury awarded Linda Atkins, a former Dolgencorp LLC (“Dollar General” or the “Company”) Sales Associate, $277,565 in back pay and compensatory damages after being fired for drinking orange...more

Mayflower Seafood of Goldsboro Agrees To Pay $81,500 To Settle EEOC Sexual Harassment Lawsuit

Server/Cashier at Restaurant Subjected to Sexual Harassment and Then Retaliation for Complaining About It, Federal Agency Charged - RALEIGH, N.C. - A Goldsboro, N.C., seafood restaurant will pay $81,500 and furnish other...more

Supervisor's Remarks May Constitute Direct Evidence of Discriminatory Bias

On September 2, 2016, the United States District Court for the District of Maryland (which sits in the Fourth Circuit, along with North Carolina and South Carolina) held that the EEOC can move forward in its case against a...more

EEOC Issues Its First Guidance on Retaliation in Almost Two Decades: Next Steps for Employers

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) published its Final Enforcement Guidance on Retaliation and Related Issue. This was the first guidance from the EEOC on these issues since 1998. The EEOC...more

Sexual Harassment Goes Digital

News of the $20 million settlement reached in the FOX News sexual harassment suit has us—and other commentators—thinking about the current wave of sexual harassment claims. Sexual harassment remains a significant and...more

EEOC Releases New Guidance on Retaliation Claims

According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these...more

“Don’t retaliate! (We really mean it)”: EEOC and Second Circuit Crack Down on Workplace Retaliation

On August 25, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final enforcement guidance on employer retaliation (the “Guidance”). The Guidance addresses retaliation under each of the statutes enforced...more

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Employers have been warned time and time again – retaliation claims are on the rise.  With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more

Compensation and Benefits Insights – September 2016

New Guidance Affects Wellness Program Design - Over the last several months, the Equal Employment Opportunity Commission (“EEOC”) and the Internal Revenue Service (“IRS”) have provided additional guidance regarding the...more

The EEOC’s New Wide-Reaching Retaliation Guidance: What Should Employers Do Now?

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the release of its long awaited Enforcement Guidance on Retaliation and Related Issues, replacing Section 8 of the EEOC Compliance Menu...more

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

EEOC Releases Updated Retaliation Guidance

On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

Implementing Anti-Harassment Training in the Workplace

Workplace harassment is unfortunately on the rise. The Equal Employment Opportunity Commission reported that companies across the United States paid nearly $300 million to settle harassment and discrimination cases last year...more

EEOC Issues Retaliation Enforcement Guidance

Last month, the Equal Employment Opportunity Commission (EEOC) issued a final enforcement guidance on retaliation claims under the various federal civil rights laws administered by the agency. The guidance will replace...more

EEOC Updates Guidance on Retaliation Law Enforcement

Retaliation is the claim alleged most frequently in charges filed with the U.S. Equal Employment Opportunity Commission (EEOC). Nearly 45 percent of agency charges include a retaliation claim. On August 29, 2016, the EEOC...more

The Retaliation Problem

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

Is the EEOC’S New Guidance on Retaliation Setting a New Legal Standard?

It’s the most common employment law claim . . . retaliation. In 2015, 44.5% of the total EEOC charges were based on retaliation, which exceeded even race-based charges of discrimination. So it is not surprising that the...more

EEOC Issues Updated Guidance on Workplace Retaliation

On August 25, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on workplace retaliation issues. The EEOC enforces Title VII, the Age Discrimination in Employment Act, the Americans with...more

10 Things That the EEOC’s New Retaliation Guidance Considers “Protected Activity”

The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issues” on On August 25, 2016. Careful readers will be able to deduce from the section titled “Expansive Definition”...more

EEOC Issues New Guidance on Retaliation

The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since...more

EEOC Issues New Enforcement Guidance on Retaliation

Earlier this week, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues. The new guidance is the first update to the EEOC’s compliance guide on retaliation since 1998, and it marks the end of the...more

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