In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are...more
5/2/2024
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employer Liability Issues ,
Equal Pay ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Wage and Hour
The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964...more
4/19/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in...more
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: Following the EEOC’s down 2020 fiscal year, in which the Commission made significant changes to many of its programs in the midst of the global COVID-19 pandemic and leadership changes, in FY 2021 the...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: 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
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 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 a landmark decision for gay and transgender employees, the U.S. Supreme Court held in Bostock v. Clayton County, Georgia, No. 17-1618, 2020 U.S. LEXIS 3252 (June 15, 2020), that Title VII prohibits...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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: 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: 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: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal...more
12/20/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Title VII ,
Wage and Hour
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: 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
1/3/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Pending Litigation ,
Reasonable Accommodation ,
Regulatory Reform ,
Religious Discrimination ,
Sexual Harassment ,
Subpoenas ,
Title VII ,
Trump Administration
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more
10/2/2017
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
EEO-1 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
GINA ,
Hiring & Firing ,
National Origin Discrimination ,
Pregnancy Discrimination ,
Race Discrimination ,
Religious Discrimination ,
Reporting Requirements ,
Retaliation ,
Sex Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration ,
Wage and Hour
Seyfarth Synopsis: Reviewing the EEOC’s case filings during the first half of the Commission’s fiscal year may already reveal some surprising trends, most notably a sharp uptick in the total number of case filings – up 75%...more
With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,”...more
We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more
As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more
10/2/2015
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Judicial Review ,
Mach Mining v EEOC ,
National Origin Discrimination ,
Pregnancy Discrimination ,
Race Discrimination ,
Religious Discrimination ,
SCOTUS ,
Sex Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Young v United Parcel Service
On April 29, 2015, the U.S. Supreme Court issued its long-awaited decision in Mach as1859[1]Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts...more