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Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

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

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

White House Releases First-Ever “National Strategy On Gender Equity And Equality”

Seyfarth Synopsis: Following the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity...more

2020’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation (And A Preview of Our Annual EEOC Litigation Report)

Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2020, in addition to a pre-publication preview of our annual report on...more

EEOC Update: The Commission Launches A New A To Z Webpage About Systemic Discrimination Enforcement

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

EEOC Update: Commission’s Litigation Report Card Trumpets A Surge In Recoveries And A Cut In Backlog

Seyfarth Synopsis: On November 16, 2020, the EEOC released its “Agency Financial Report” (“AFR”) for Fiscal Year 2020. The AFR is a data compilation regarding the EEOC’s financial health, initiatives, and guiding principles,...more

EEOC Update: The Commission Finally Releases Its Proposed Amendments For Its Conciliation Process

Seyfarth Synopsis: As we first reported here, the EEOC announced in August 2020 that it was proposing significant amendments to its conciliation process via a notice of proposed rulemaking (“NPRM”), though specific details...more

EEOC Update: The Commission Holds Public Meeting On Proposed Amendments To Conciliation Process

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

EEOC Update: The Commission Resumes Issuance of Charge Closure Documents

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

EEOC Update: The Commission Announces Two New Pilot Programs For Conciliation And Mediation Processes

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

EEOC Update: The Commission Unveils New Guidance To Provide More Transparency For Commissioner Charges And Directed Investigations

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

EEOC Update: The Commission Rolls Out Pilot Program On Conciliating Discrimination And Harassment Allegations

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

Pay Equity Litigation Update:  Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

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

An Agency Building Momentum: EEOC Report Card Touts Millions In Recoveries, Committed Focus On Sexual Harassment

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

Updating Guidelines And Asking For Dough: EEOC’s 2018-2022 Strategic Plan & 2019 Budget Request

Seyfarth Synopsis: This month the EEOC released its 2018-2022 strategic plan, which focuses on preventing and combating discrimination and improving the EEOC’s organizational functionality. It also released the agency’s 2019...more

2017’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation (And A Preview of Our Annual EEOC Litigation Report)

Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2017, in addition to a pre-publication preview of our annual report on...more

Bulldozing The Backlog & Doubling Filings: EEOC’s 2017 Performance And Accountability Report Shows Decreased Inventory And A Surge...

Seyfarth Synopsis: On November 15, 2017, the EEOC released its annual Performance and Accountability Report for Fiscal Year 2017 – its internal “report card” for its fiscal year 2017. The report touts the EEOC’s progress in...more

A Look Through The Crystal Ball: The EEOC’s Updated 2017-2021 Strategic Enforcement Plan

Seyfarth Synopsis: On October 17, 2016, the EEOC unveiled its updated Strategic Enforcement Plan (“SEP”) for Fiscal Years 2017-2021. It ought to be required reading for every employer and their executive teams. The New...more

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