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Mind the Gap: EEOC Report Warns of Substantial Gender Pay Gap for Federal Employee, Exacerbated by Age.

On January 2, 2025, the EEOC released a report underscoring that a gender pay gap among federal employees has an age component as well; the gap is larger for those age 40 and over relative to those under age 40....more

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers

Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024...more

Senate Confirms New EEOC General Counsel As New Case Filings Climb

Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

EEOC Litigation in Overdrive: Deciphering the EEOC’s FY2023 Case Filing Spike

Seyfarth Synopsis: Following the EEOC’s aggressive litigation posture in the Obama-era, the Commission’s federal case filings has been markedly sluggish, at least in part because of transitions in leadership. Seyfarth...more

EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry

Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in...more

EEOC Releases Its Internal Report Card:  Revelations From The Commission’s Annual Performance Report

Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic...more

The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027

Seyfarth Synopsis: On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for...more

The Future Of The EEOC: The Commission Releases A Draft Of Its Bold 2022-2026 Strategic Plan

Seyfarth Synopsis: On Friday, November 4, the EEOC released its draft 2022-2026 Strategic Plan (available here)—a blueprint of its proposed enforcement plan for the upcoming years. The Plan focuses on strategic objectives...more

Another Step Down the Slope: The House of Representatives Votes to Ban Mandatory Employment Arbitration and Class and Collective...

Seyfarth Synopsis: On March 17, the House of Representatives passed the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act,” which would ban the use of mandatory arbitration agreements and class and...more

A Look Into The Future: EEOC Announces Artificial Intelligence Initiative

Seyfarth Synopsis: While businesses have shifted their operations to digital platforms over the last few decades, the COVID-19 pandemic has greatly accelerated the transformation of the workplace. One area where employers...more

As COVID-Driven Remote Work Arrangements Continue, Wage and Hour Compliance Challenges Grow

As COVID-19 cases surge again in the United States, state and local governments continue to recommend or require remote work arrangements, and some employers have already announced plans to permit remote work to continue well...more

If Your Remedy For Workplace Coronavirus Concerns Affects Pay, Don’t Compound The Harm With A Wage Law Violation

Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more

If Your Remedy For Workplace Coronavirus Issues Affects Pay, Don’t Compound The Harm With A Wage Law Violation

Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more

Generation All: Managing Workplace And Candidate Pool Trends And Avoiding Age Stereotyping

Employers are challenged to manage demographic and technological changes. Technology is transforming the workplace at an accelerating rate. ...more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

Is EEOC Regulation of Wellness Plans Legal? — Seventh Circuit Declines to Say Yes

The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more

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