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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 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 Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...more

Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more

Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges

Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the...more

Federal Court Rejects Application of BIPA Statute of Limitations to Privacy Act Violations

Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness. In a case titled Bonilla, et al....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

Job Applicants Sue Ford Motor Company Under Rarely-Cited Illinois Genetic Information Privacy Act

Seyfarth Synopsis: A group of job applicants recently filed a lawsuit against Ford Motor Company asserting violations of the rarely-cited Illinois Genetic Information Privacy Act (“GIPA”). In the complaint, the plaintiffs...more

BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric...

The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers today, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”). ...more

Privacy Law Trends to Watch: Wiretapping Class Actions Focused on Session Replay

Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an...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

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more

Washington Federal Court Awards Important BIPA Win

Seyfarth Synopsis: On October 17, 2022, the U.S. District Court for the Western District of Washington granted Microsoft’s motion for summary judgment on the plaintiffs’ unique class action claims in a case entitled Vance v....more

UPDATE: Jury Quickly Finds Railway Company Liable in First Ever BIPA Trial

Seyfarth Synopsis: Earlier this week, Seyfarth’s Employment Law Lookout team posted a blog discussing the status of the first ever jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action (Rogers v....more

Railway Company Proceeds With First Ever BIPA Jury Trial in Federal District Court in Chicago

Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers...more

EEOC Fiscal Year-End Filings Eerily Quiet: Litigation Fizzle Or Calm Before The Storm?

Seyfarth Synopsis: Last year was one of change and recovery for the EEOC as a result of the pandemic and new leadership. With the new leadership regime and structural changes at the EEOC came an uptick in filings from FY...more

Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers

Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc. Following an Illinois...more

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