News & Analysis as of

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

EEOC Sues S&B Industry for Disability Discrimination

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charges - DALLAS - S&B Industry, Inc., a Fort Worth cellphone repair facility, violated...more

Seek “Recent Graduates” for a Job Opening, Risk a Lawsuit

Employer job advertisements are, once again, coming under scrutiny. A few weeks ago, the U.S. Equal Employment Opportunity Commission (EEOC) made headlines when it filed a lawsuit against a restaurant chain over its job...more

Court Finds Naming Names in Public Filings and Imprudent Emails Support Action For Retaliation

In Celia Greengrass v. International Monetary Systems, Ltd., 2015 WL 137891, (7th Cir. Jan. 12, 2015), the Seventh Circuit relied in part on the fact that an employer identified a former employee by name in its discussion of...more

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal...

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more

GE Oil & Gas to Pay EEOC $5,300 for Contempt in EEOC Subpoena Enforcement Action

Company Failed to Comply With Court Order in Race and Age Bias Case - HOUSTON - A federal judge has ordered GE Oil & Gas, Inc., a subsidiary of General Electric Corporation, to pay $5,300 as a sanction for contempt of...more

Medical Marijuana Use and the ADA – A New Intersect

On behalf of your company, you hire a new employee. As part of the hiring process, the new employee must complete a satisfactory physical examination, including passing a drug test. During the physical exam, the new employee...more

You're fired! Want to continue to work for us as an Independent Contractor?

This post was contributed by Jennifer E. Will, an Attorney in McNees Wallace & Nurick LLC's Labor & Employment Practice Group in Harrisburg, Pennsylvania. If you do, you'll need to sign a release and waive all of your...more

Seasons 52 Refused to Hire Older Workers Nationwide, EEOC Charges in Lawsuit

Chain Denied Older Workers Positions at Its Newly Opened Restaurants Throughout the Country, Federal Agency Claims - MIAMI - Seasons 52, a national restaurant chain and one of the Darden restaurant brands, engaged in a...more

Government Shutdown Leads to Fewer EEOC Charges, But Retaliation Claims Continue to Lead the Pack

The EEOC released its FY2014 (Oct. 1, 2013 – Sept. 30, 2014) enforcement statistics last week. Overall, the EEOC reported a decrease in filed charges compared with recent years. The agency attributed the 5.2 percent...more

Oakland Children's Hospital Settles EEOC Disability Discrimination Suit

Commission Obtains $300,000 for Employee with Breast Cancer Fired Due to Medical Center's Strict Leave Policy - OAKLAND, Calif. - An Oakland-based non-profit regional medical center has agreed to pay $300,000 to a...more

Benny Boyd Car Dealership to Pay $250,000 to Former Manager in EEOC Settlement

General Manager with Multiple Sclerosis Denied Partnership and Harassed Because of His Disability, Forced to Resign From Dealership, Agency Charged - LUBBOCK, Texas - Benny Boyd Chevrolet-Chrysler-Dodge-Jeep, Ltd.,...more

Religious Accommodations: May Be Required by Law, Unless the Request is Unlawful

Several weeks ago, the EEOC secured a jury verdict of $150,000 in compensatory damages against an employer for failure to accommodate an employee’s religious objection to a workplace rule. But last week, the Sixth Circuit...more

EEOC Reports Statistics on Employee Filings for 2014

At the beginning of every year, the Equal Employment Opportunity Commission reports statistics on types of charges filed by employees and former employees over the course of the preceding year. These statistics help employers...more

Developments in Pregnancy Discrimination Law: UPS, EEOC, and I

Readers of this blog have seen several posts on the topic of pregnancy discrimination. In the last couple of weeks, the following additional developments concerning the topic have occurred...more

No Second Bite for Prayer Claims

Neither the EEOC nor Muslim employees at a Nebraska meatpacking plant will be able to pursue individual claims that their employer failed to accommodate prayer practices. In a long running dispute, the EEOC filed suit against...more

EEOC Releases Fiscal Year 2014 Enforcement and Litigation Data

Percentage of Claims Alleging Retaliation Reaches Record High, While Number of Charges Decrease - WASHINGTON-The U.S. Equal Employment Opportunity Commission (EEOC) today released a comprehensive set of fiscal year...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

EEOC Estrena Estadisticas el Año Fiscal 2014 de Cumplimiento y Litigios

Porcentaje de Quejas Alegando Represalias Alcanza Récord, Mientras que Número Total de Quejas Disminuye - WASHINGTON - La Comisión Para la Igualdad de Oportunidades en el Empleo (EEOC) estrenó hoy un set extensivos de...more

Blog: Disclosure of employee litigation in periodic reports: between Scylla and Charybdis?

A recent case from the 7th circuit, Greengrass v. International Monetary Systems, Ltd., No. 13-2901, decided January 12, 2015, may be useful to keep in mind now that it’s 10-K season. ...more

Employers Beware: Increased Attention to Workplace Harassment and Wellness Programs by the EEOC Coming in the New Year

Newly appointed U.S. Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang recently offered some insight into the EEOC’s areas of focus for 2015, providing employers with a preview of some of the key regulatory and...more

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

Drug Testing: Dot Every "i" and Cross Every "T" -

It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more

Employment Law Commentary - Volume 27, Issue January 2015: Landmines To Avoid In Conducting Workplace Investigations

With alarming regularity, employers find themselves in the unenviable position of having to investigate workplace complaints made by their employees. These complaints can range from informal allegations of harassment or...more

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