News & Analysis as of

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

The EEOC Loses Background Check Battle In The 6th Circuit

The Sixth Circuit issued a much anticipated ruling on April 9, 2014 related to the Equal Employment Opportunity Commission’s (“EEOC’s”) systemic targeting of employer background check policies. ...more

A Check on the EEOC Attack on the Credit Check

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier....more

OFCCP Flexes its Muscle with Threats of Term Debarment

The Office of Federal Contract Compliance Programs (OFCCP) recently announced a significant monetary settlement of a complaint alleging hiring discrimination by a federal contractor. In this complaint, the agency alleged that...more

OFCCP Announces Settlement Regarding Hiring Discrimination

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with Cargill Meat Solutions (“Cargill”) regarding claims of hiring discrimination based on...more

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....more

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

What is at will employment law?  [Video]

Phoenix Business law firm Jaburg Wilk's employment law attorney Kraig Marton discusses at will employment, various types of employment cases, types of discrimination and how employment cases are assessed....more

EEOC Sues Insurance Company Over Hair Policy

An Alabama insurance company is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly discriminating against black job applicants. The EEOC alleges that the insurance company's grooming policy...more

What You Should Know: EEOC Clarifies Use of Background Checks

In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

EEOC Sues Farmers Insurance for Race Bias in the Firing of Asian-American Claims Representatives

Insurance Giant Also Discharged Caucasian in Retaliation for Providing Testimony During the Discrimination Investigation, Federal Agency Charges - FRESNO, Calif. - Farmers Insurance Exchange violated federal law...more

Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy

Catastrophe Management Solutions' Policy Prohibiting Dreadlocks Violates Federal Race Bias Law, Federal Agency Charges - MOBILE, Ala. - Catastrophe Management Solutions, a Mobile catastrophic insurance claims...more

What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...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

Criminal Background Check Policies under Fire from the EEOC

The Equal Employment Opportunity Commission (EEOC) continues to crack down on allegedly discriminatory employer policies and practices involving criminal background checks....more

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

EEOC FIles Two Race-Based Class Action Lawsuits on Criminal Background Checks

On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination...more

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

“Lies, Damned Lies, and Statistics”

This phrase, popularized by Mark Twain -- who attributed it to a British Prime Minister -- can be used to describe both the positive and negative power of numbers to illustrate a point. Recently, it gained new meaning in the...more

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

Five Grievances Don’t Make A (Dismissal) Right

A recent case in the UK Employment Appeals Tribunal Woodhouse v. West North West Homes Leeds Limited UK EAT/0007(12) has looked at whether it is possible to fairly dismiss an employee who has raised repeated grievances, on...more

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Another Background Check Pitfall? Following a State Law Mandate to Conduct Background Checks May Not Be a Defense in Title VII...

Adding to last year’s EEOC criminal background check guidance, Minnesota’s recent background check restrictions, and some other federal precedents, in Waldon v. Cincinnati Public Schools, the U.S. District Court for the...more

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