News & Analysis as of

Hiring & Firing Equal Employment Opportunity Commission

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

Jones Lang LaSalle Americas Sued by EEOC for Disability Discrimination

Commercial Real Estate Firm Rescinded Job Offer After Applicant Disclosed Her PTSD and Requested an Accommodation, Federal Agency Charges - ATLANTA - The Atlanta office of a commercial real estate and investment...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

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

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

EEOC alleges medical exams and questionnaires violate ADA, GINA

by McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

First Tower Loan Settles EEOC Sex Discrimination Suit

Financial Loan Company Terminated Employee Because of His Transgender Status, Federal Agency Charged - NEW ORLEANS - First Tower Loan, LLC, a financial loan company based in Flowood, Miss., agreed to settle a sex...more

FY 2017 Litigation Scorecard For The EEOC – What Employers Should Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EEOC’s Fiscal Year ending on September 30, 2017, loyal blog readers know that our firm has been busy analyzing the major trends of FY 2017 on the EEOC litigation front. In this video, Jerry Maatman...more

EEOC Sues for Transgender Discrimination

by Ruder Ware on

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that...more

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Heads You Win, Tails You Lose: Government on Both Sides of the LGBT Protections Debate

Recently, much has been made about the government’s conflicting positions regarding whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964. The EEOC (“Equal Employment Opportunity Commission”)...more

EEOC Sues Aqua America for Racial Harassment and Retaliation

Water Company Fired Foreman Because He Complained About Racial Slurs, Federal Agency Charges - PHILADELPHIA - Aqua America, Inc., doing business as, Aqua Resources Inc., a Pennsylvania-based water company, violated...more

Make Sure You’re On Target When Using Direct Threat Defense

by Fisher Phillips on

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

Kessinger Hunter Management Sued By EEOC For Disability Discrimination

Kansas City Property Management Company Refused to Grant an Employee's Request for a One-Week Extension of Medical Leave to Recuperate From Surgery - ST. LOUIS - Kessinger Hunter Management (KHM), a national commercial...more

EEOC Sues Home Depot For Disability Discrimination

Peru, Ill., Store Fired Employee Because of Her Irritable Bowel Syndrome and Fibromyalgia in Violation of ADA, Federal Agency Charges - CHICAGO - Home Depot failed to accommodate and then fired an employee who had a...more

EEOC Sues Bluefield, Va. Restaurant for Sex Harassment and Retaliation

Manager Groped and Propositioned Teenaged Hostess; Then Restaurant Reduced Her Hours After She Complained, Federal Agency Charges - ABINGDON, Va. - A Bluefield, Va., restaurant violated federal law by subjecting a female...more

EEOC Sues San Diego Company Insideup for Disability Discrimination

Employee with COPD, Emphysema and Asthma Denied Accommodation, Federal Agency Charged - SAN DIEGO, Calif. - InsideUp, Inc., a San Diego-based company, violated federal law when its managers refused to provide an...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

by Franczek Radelet P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Jacksons Food Sued by EEOC for Disability Discrimination for the Second Time

Employee Recovering from Wrist Surgery Forced to Train Replacement, Then Fired, Federal Agency Charges - BOISE, Idaho - Jackson Energy, a division of Jacksons Food Stores, violated federal law by refusing to accommodate a...more

EEOC Sues Norfolk Southern Corporation For Company-Wide Disability Discrimination

Railroad Unlawfully Disqualified Workers Because Of Disabilities, Federal Agency Charges - PITTSBURGH, Pa. - Norfolk Southern Corporation and subsidiary Norfolk Southern Railway Company, a provider of rail-based...more

EEOC Sues ACF And BJ’s For Sex Harassment, Retaliation

Seafood Processor and Staffing Firm Maintained Hostile Work Environment Based on Sex, Federal Agency Charges - BOSTON - Atlantic Capes Fisheries, Inc. (ACF) and BJ's Service Company, Inc. violated federal law by...more

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

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