News & Analysis as of

EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Checkers Franchise Will Pay $100,000 to Settle EEOC Pay Discrimination Lawsuit

Fast Food Restaurant Paid Female Shift Managers and Cashiers / Sandwich Makers Less Than Males for the Same Work, Federal Agency Charged - PHILADELPHIA -- A fast food restaurant franchise, Market Burgers, LLC, doing...more

Second Circuit Weighs In On Tort Litigation During Pending EEOC Proceeding

Last week, the Second Circuit Court of Appeals ruled that a plaintiff’s filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (“EEOC”) does not toll the statute of limitations for...more

EEOC Lawsuit Challenges Discriminatory Hiring, Retaliation at PMT Corporation

Minnesota Medical Device Company Barred Women and Older Applicants from Sales Jobs, Retaliated Against Employee for Complaining, Federal Agency Charged - MINNEAPOLIS - A Chanhassen, Minn., medical device and equipment...more

Federal Agencies Resolve Equal Pay and Retaliation Claims Against Harmony Public Schools

EEOC and Department of Justice Claimed Schools Paid Teacher Less Because Of Her Gender And Retaliated Against Her For Complaining About Discrimination - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

10 Strategies for Avoiding Retaliation Claims

Allegations of unlawful workplace retaliation have steadily risen over the last decade and now represent the most common type of discrimination claim filed with the Equal Employment Opportunity Commission (EEOC) —topping even...more

Evolving Concepts of Discrimination in the Workplace

Shifts in attitudes and changing social mores impact workplace dynamics in ways that are difficult to measure. In some instances, a change in social customs gives rise to the need for new laws, regulations or policies...more

EEOC Sues Food Rite Community Supermarket For Sex Discrimination

Grocery Store Refused to Hire Qualified Female for Courtesy Van Driver Job Because of Her Sex, Federal Agency Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Supermarket (Food Rite),...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

New EEOC Report Examines Obstacles Facing Women in Federal Workplace

Six Impediments, Underlying Issues, Recommendations Identified by Work Group - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a comprehensive report addressing major obstacles...more

Paternity Leave Policy Comes Under Scrutiny

In October 2013, a CNN reporter filed an EEOC charge against CNN's parent company, Time Warner, Inc., alleging that Time Warner's parental leave policy is unlawfully discriminatory. According to the claimant, Josh Levs, Time...more

Don’t Be Fooled if ENDA Doesn’t Become Law

There have been many news stories recently about the Employment NonDiscrimination Act (ENDA), which the U.S. Senate appears certain to pass this month. Commentators have different opinions about whether the House of...more

Employer Liable for Disregarding Complaints About Soiled Toilet, Porn, and Retaliation — Possible Punitive Damages

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

"Boys will be Boys" A Risky Employment Policy

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

EEOC Sues Newport News Industrial Corporation for Unlawful Retaliation

Company Terminated Employee for Complaining about Gender Discrimination, Federal Agency Charged - WILMINGTON, N.C. - Newport News Industrial Corporation violated federal law by firing a female employee after she...more

Rapid City Market to Pay $50,000 to Settle EEOC Finding of Discrimination Against Transgender Employee

Well-Performing Employee Fired Because of Gender Identity, Agency Charged - MINNEAPOLIS -- In a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC), a Rapid City, S.D., supermarket owner...more

Avoiding Caregiver Discrimination Claims

Many workers, both male and female, juggle work and caregiving responsibilities. Originally Published in The HR Specialist - August 2013. ...more

EEOC Sues Checkers for Pay Discrimination

Restaurant Chain Paid Female Managers and Cashiers Less Than Males, Federal Agency Says - PHILADELPHIA -- Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying...more

Unconscious bias and subjective decision making, the practical and legal ramifications

On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications. Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

It’s Just Lunch Agrees to Pay $900,000 to Settle Discrimination Suit

The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men....more

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