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EEOC Updates Workplace Harassment Guidance

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a long-anticipated update to its enforcement guidance on harassment in the workplace. The update comes almost 25 years after EEOC last...more

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many...more

Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more

EEOC Issues Guidance on COVID-19 Vaccination Policies

On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil...more

EEOC Proposes Conciliation Procedures Rule

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

The Race for a COVID-19 Vaccine – Planning for the Employer Response

Introduction - Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more

Annual Report on EEOC Developments – Fiscal Year 2019

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Challenging Harassment in the Workplace: A Key Priority at the EEOC

While EEO compliance remains an important objective for the employer community, minimizing the risk of facing a harassment claim has become a top priority. The weekly, and sometimes daily, headlines of new harassment...more

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

Seventh Circuit Holds Failure to Conciliate is Not a Defense Available to Employers in Litigation with the EEOC

In EEOC v. Mach Mining, LLC, the Seventh Circuit became the first federal circuit to foreclose an employer's ability to use the implied affirmative defense that the Equal Employment Opportunity Commission (EEOC) failed to...more

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

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