Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a...more
10/23/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Wage and Hour
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
Seyfarth Synopsis: This is the third in a series of posts covering recent trends in equal pay litigation. This post discusses how plaintiffs have sought to expand the possibilities of an equal pay claim by whittling away the...more
Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more
7/15/2022
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Human Resources Professionals ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: As 2022 begins, we are pleased to present our annual selections for the five most intriguing developments in EEOC litigation during 2021, as well as our annual report on developments and trends in...more
Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of...more
Seyfarth Synopsis: On April 5, 2021, in Abe v. Virginia Department of Environmental Quality, the U.S. District Court for the Eastern District of Virginia held that Fourth Circuit precedent supports the use of prior salary by...more
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges...more
3/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
GINA ,
Race Discrimination ,
Sex Discrimination ,
Title VII
Seyfarth Synopsis: On January 19, 2020, the EEOC released its second-ever Annual Performance Report (“APR”) for Fiscal Year 2020. In essence, it is a report card on the Commission’s activities, including its record relative...more
Seyfarth Synopsis: On January 14, 2021, the EEOC approved and issued newly updated procedures regarding its delegation of litigation authority and procedures, as well as its revised procedures for participating in cases as...more
Seyfarth Synopsis: On January 8, 2021, the EEOC unveiled a new webpage explaining the administrative and litigation tools used by the Commission to identify and pursue systemic discriminatory practices. This new guidance is...more
Employees continue to file COVID-19-related lawsuits against their employers at a rapid clip. In July, we identified five categories of cases that seemed to be driving COVID-19 employment litigation: (1) alleged failure to...more
12/11/2020
/ Civil Liability ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Occupational Exposure ,
Whistleblowers ,
Workplace Safety
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: 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: 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: 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: After initially dismissing a sweeping class action complaint alleging systemic pay discrimination on behalf of “all women employed by Google in California,” the Court has now decided to allow an amended –...more
4/3/2018
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Google ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
Technology Sector ,
Wage and Hour
Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more