News & Analysis as of

Indianapolis Hampton Inn Operators Held in Contempt for Breaching EEOC Consent Decree Settling Earlier Class Race Bias Suit

Federal Court Also Rules That EEOC Is Entitled to Submit a Petition for Fees and Costs. INDIANAPOLIS - A federal judge has held that the operators of the Hampton Inn on Shadeland Avenue in Indianapolis in contempt for...more

Non-Profit to Pay $309k for ADA Claim

One would assume that a non-profit organization that provides behavioral, rehabilitative and social support services would be adept at complying with the Americans with Disabilities Act (ADA). But, this does not seem to be...more

Is a Company’s Release of Claims a Form of Retaliation under Federal Anti-Discrimination Laws? EEOC v. Allstate

The EEOC may have taken enforcement of anti-retaliation provisions of antidiscrimination laws a step too far the Third Circuit ruled in February, and companies transitioning a work force from employees to independent...more

Retaliation Dominated EEOC Charges in 2014, Agency Statistics Show

The number of discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in fiscal year 2014 reached the lowest level since 2007, according to recently published statistics from the EEOC....more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Yuma-Area Health Center Sued by EEOC for Retaliation

Regional Center for Border Health Fired Employee Because She Complained About Sexual Harassment, Federal Agency Charges - SOMERTON, Ariz. - The Regional Center for Border Health, Inc., a Yuma-area health center,...more

Jamison Shaw to Pay $27,500 to Settle EEOC Lawsuit

Federal Agency Charged Employee Was Fired in Retaliation for Complaining About Employer's Refusal to Provide Reasonable Accommodation for Scoliosis - ATLANTA - Jamison Shaw, Inc., a hair salon based in Atlanta, will...more

Windmill Farms Nurseries to Pay $40,000 to Settle EEOC Sexual Harassment Lawsuit and Retaliation

Female Agricultural Worker Was Subjected to Sexual Harassment by Crew Leader and Fired for Complaining, Federal Agency Charged - Tampa, Fla. - Windmill Farms Nurseries, Inc., a plant material wholesaler and nursery...more

EEOC Finds That More Than 40% Of EEOC Charges Of Discrimination Contain Retaliation Claims

Last week, the United States Equal Employment Opportunity Commission (EEOC) released its enforcement litigation data for FY 2014. Continuing a recent trend, the EEOC reported that the percentage of EEOC charges of...more

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

Over the past several years, the Equal Employment Opportunity Commission has filed several high profile lawsuits accusing employers of retaliating against employees by requiring them to waive discrimination claims in return...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

2014 EEOC Enforcement and Litigation Statistics: Retaliation Claims on the Rise

On February 4, the EEOC released a comprehensive set of private sector data for fiscal year 2014. The data tables provide detailed breakdowns of the 88,778 charges of workplace discrimination filed with the agency. While the...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

EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?

The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets...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

Disclosure of Charging Party's Name in Securities Filing Can Constitute Retaliation Under Title VII

Publically traded companies are required by law to disclose to shareholders pending legal matters that could materially affect their stock price. According to the Seventh Circuit Court of Appeals, an employer’s disclosure of...more

Skanska USA Building to Pay $95,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

Building Contractor Ignored Complaints of Racial Harassment and Fired Black Employees in Retaliation, Federal Agency Charges - MEMPHIS, Tenn. - Skanska USA Building, Inc., a building contractor headquartered in...more

EEOC Sues Stack Bros. Mechanical Contractors for Age Discrimination and Retaliation

Company Fired Employees When They Turned 62 and Punished One for Resisting, Federal Agency Charges - MADISON, Wis. - Stack Bros. Mechanical Contractors, Inc., of Superior, Wis., a major heating and plumbing contractor...more

Litigation Disclosures Can Constitute Title VII Retaliation

Here is something to watch out for. Earlier this month, the U.S Court of Appeals for the Seventh Circuit held that naming an EEOC claimant in the legal proceedings section of a company’s periodic reports may constitute...more

Hot Wheel City Will Pay $20,000 to Resolve EEOC Sexual Harassment and Retaliation Lawsuit

DETROIT -- Hot Wheel City, a Detroit-based automotive wheel and accessory store chain, has agreed to pay $20,000 and to provide equitable relief to settle a federal sexual harassment and retaliation lawsuit brought by the...more

A Game-Changing Misstep for Walmart?

A federal district court recently sanctioned Walmart for "spoliation of evidence" in an employment litigation case. Although Walmart has asked the Court to reconsider its decision or allow it to appeal the decision to the...more

You’ve Gotta Be Kidding. THIS Is Retaliation?

I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed the plaintiff by name on the disclosures...more

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more

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