News & Analysis as of

Spouses in the Workplace: Allow or Prohibit?

Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking....more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

EEOC Issues Final Rules on Employer Wellness Programs

Rules Address Incentives; Protect Confidentiality - WASHINGTON, DC--The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA)...more

New FMLA and ADA Resources, Old Problems

In the past three weeks, employee leaves have gotten a lot of attention. The Department of Labor issued new FMLA guidance and a new poster. Then, this week, the EEOC issued a new resource page for employer-provided leaves...more

EEOC Clarifies Employer-Provided Leave as ADA Accommodation

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

EEOC Serves Notice Regarding Transgender Employees Bathroom Access Rights

In the midst of all the media coverage surrounding transgender bathroom policies, the Equal Employment Opportunity Commission (EEOC) has recently put employers on notice of its position that denying an employee access to a...more

EEOC Weighs in on Leave as a Reasonable Accommodation

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

Lesson On EEOC Language Litigation: Employer Denied Summary Judgment After Terminating Non-English Speaking Employees

Seyfarth Synopsis: Court denied employer’s motion for summary judgment in EEOC race and/or national origin discrimination case involving the termination of non-English speaking employees. In EEOC v. Wisconsin Plastics,...more

State Laws Are Not a Defense to Title VII's Prohibition on LGBT Discrimination, Says the EEOC

Mississippi and North Carolina recently passed legislation categorized as "sweeping anti-LGBT laws." North Carolina's bill, H.B. 2, requires transgender people to use public restrooms according to the biological sex assigned...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

EEOC Releases Guidance on Employer-Provided Leave Under ADA

So, back in January, I penned a post titled “Can You Fire an Employee Who Has Exhausted FMLA Leave?” As if to respond, the EEOC yesterday released guidance that basically answers: Not necessarily, because it might...more

EEOC Announces Six-Figure Transgender Discrimination Settlement

The onslaught of news stories about "bathroom bills" has thrust issues facing transgender people into the national spotlight, but do you know what rights are afforded to transgender people in the workplace? Employers should...more

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

OSHA, EEOC and the Dept. of Justice Weigh In On Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

EEOC: Denial of Transgender Employees' Access to a Common Restroom Violates Title VII

Last week, the Equal Employment Opportunity Commission (EEOC) issued a "Fact Sheet” setting forth its position that denying an employee equal access to a common (i.e., multi-user) restroom corresponding to the employee's...more

Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC

Bathroom use by transgender individuals is today’s hot-button civil rights issue. The often strong and disparate opinions about the subject creates a conundrum for employers: How do we make everyone comfortable while...more

EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access

The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights...more

EEOC: Bathroom Access Rights Guaranteed By Title VII

Last fall, I raised the issue of bathroom access for employees that corresponds with their gender identity. The issue, however, that seems to get the most press is restroom access....more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...more

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

California’s New Guidance & FAQs for Employers of Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

How the New EEOC Rules Put Employers at a Disadvantage

An employer may at one point have to defend itself from allegations of discrimination or retaliation by a current or former employee (the claimant). Recently, the Equal Employment Opportunity Commission (EEOC), the federal...more

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