Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the...more
10/1/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Annual Filings ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Rehabilitation Act ,
Retaliation ,
Title VII ,
Trump Administration
Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
Seyfarth Synopsis: On September 3, 2020, the EEOC issued an opinion letter (only its second of the year) regarding the Commission’s interpretation and enforcement of § 707(a) of Title VII, which authorizes the EEOC to sue...more
Seyfarth Synopsis: On August 18, 2020, the EEOC held a public meeting to address a notice of proposed rulemaking containing potential substantive amendments to the Commission’s conciliation process. Though a copy of the...more
Seyfarth Synopsis: On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents...more
Seyfarth Synopsis: On July 7, 2020, the EEOC announced in a press release two new six-month pilot programs aimed at increasing voluntary resolutions of discrimination charges. One of the new programs seeks to increase the...more
Seyfarth Synopsis: On June 11, 2020, the EEOC updated its Technical Assistance Q&A webpage to address several new questions submitted by employers and their counsel regarding the application of the Americans With...more
Seyfarth Synopsis: On June 5, 2020, the EEOC rolled out a new webpage specifically addressing its procedures for instituting Commissioner charges and directed investigations. The webpage provides much-needed insight into...more
Seyfarth Synopsis: As reported here, on May 29, 2020, EEOC Chair Janet Dhillon advised agency officials of a new, six-month pilot program changing the Commission’s practices in settling workplace bias claims before pursuing...more
Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities...more
4/25/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
Seyfarth Synopsis: The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act,...more
Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more
3/28/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
GINA ,
Reasonable Accommodation ,
Telecommuting ,
Title VII
Seyfarth Synopsis: On March 10, 2020, the EEOC released information about an internal resolution that may drastically change how high-stakes litigation decisions are made at the EEOC. ...more
3/11/2020
/ Corporate Counsel ,
Delegation Authority ,
Deregulation ,
EEOC Commissioner ,
EEOC General Counsel ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement Authority ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Reform ,
Regulatory Reform ,
Trump Administration
Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...more
2/11/2020
/ #MeToo ,
Annual Reports ,
Claim Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Labor Law Violations ,
Sexual Harassment ,
Statistical Analysis ,
Strategic Enforcement Plan
Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more
2/6/2020
/ Administrative Backlogs ,
Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Labor Law Violations ,
Strategic Enforcement Plan ,
Vulnerable Victims ,
Worker Protection Standard
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more
1/28/2020
/ #MeToo ,
Adverse Employment Action ,
Civil Rights Act ,
Complaint Procedures ,
Conciliation ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Harassment ,
Labor Law Violations ,
Pay Gap ,
Race Discrimination ,
Retaliation ,
Settlement ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Wage and Hour
Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more
1/3/2020
/ Administrative Procedure Act ,
Altitude Express Inc v Zarda ,
Background Checks ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Data Collection ,
Data Management ,
Deregulation ,
Disability Discrimination ,
Ebola ,
EEO-1 ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
Job Applicants ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
OMB ,
Pay Data ,
Protected Class ,
Reporting Requirements ,
Rulemaking Process ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Temporary Employees ,
Title VII ,
Transgender ,
Traveling Employee ,
Trump Administration
Seyfarth Synopsis: On November 19, 2019, the EEOC released its inaugural “Agency Financial Report” (“AFR”) for Fiscal Year 2019. Substantively, the AFR is a data compilation regarding the EEOC’s financial health,...more
11/21/2019
/ Administrative Appointments ,
Administrative Backlogs ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Reporting ,
OMB ,
Performance and Accountability Report ,
Regulatory Agencies ,
Regulatory Standards ,
Strategic Enforcement Plan ,
Trump Administration
Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC. Employers are anxiously looking for any sign as to how this slate of leadership will put...more
10/1/2019
/ ADEA ,
Administrative Appointments ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
Labor Law Violations ,
Pregnancy Discrimination ,
Title VII ,
Trump Administration
Seyfarth Synopsis: Who sits as Chair of the EEOC unquestionably has a significant impact for all employers interacting with the Commission....more
Seyfarth Synopsis: On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018. ...more
Seyfarth Synopsis: We are once again pleased to offer our readers an analysis of the five most intriguing developments in EEOC litigation in 2018, in addition to a pre-publication preview of our annual report on developments...more
1/3/2019
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pleadings ,
Reasonable Accommodation ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
Seyfarth Synopsis: On November 15, 2018, the EEOC released its annual Performance and Accountability Report (‘PAR”) for Fiscal Year 2018 – a year-end report card of sorts, and a critical publication for employers to consider...more
Seyfarth Synopsis: The EEOC operates with limited resources, yet has the daunting responsibility of enforcing an alphabet soup of anti-discrimination laws. ...more
Seyfarth Synopsis: The uncertainty of a new administration’s impact on the EEOC that plagued FY 2017 is fading, but the results are not what some would expect. Not only has the EEOC brought a mountain of filings compared to...more