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SCOTUS Giveth & SCOTUS Taketh Away in Religious Accommodation Ruling

Title VII requires an employer to reasonably accommodate an employee's religious beliefs and practices unless doing so would cause an "undue hardship." SCOTUS delimited the boundaries of "undue hardship" in this context some...more

Fending Off Future Bench-Slaps, The EEOC Slaps Itself

Thursday the EEOC took the extraordinary step of limiting its own jurisdiction. Section 707 of Title VII empowers the EEOC to bring “pattern and practice” lawsuits to challenge an employer’s “resistance” to the rights...more

SCOTUS Limits Common Title VII Defense

The U.S. Supreme Court ruled today that a plaintiff’s failure to properly perfect an EEOC charge is a “prudential” defense to a Title VII claim, which may be waived by the employer’s failure to promptly raise the defense in...more

EEOC Ain’t Over ‘Til It’s…Forever

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more

EEOC Naughty, But Employer Gets Lump of Coal

A federal court of appeals recently broke ranks with other federal appellate courts, holding that the EEOC’s failure to obey its statutory duty to conciliate before filing a lawsuit does not serve as a defense to the lawsuit....more

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