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Trump Nominates General Counsel To EEOC

It's the attorney who won the ground-breaking "pregnancy accommodation" case. President Trump has nominated Sharon Fast Gustafson to be General Counsel of the Equal Employment Opportunity Commission. That position has been...more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will...more

A Ho-Hum EEOC Strategic Plan? Maybe That's Not So Bad.

Not a lot to the EEOC's 2018-22 Strategic Enforcement Plan, but that might be good for employers. The Equal Employment Opportunity Commission recently released its Strategic Enforcement Plan for 2018-2022. During the...more

Criminal Background Guidance Enjoined -- Could That Affect You?

An injunction of the EEOC's 2012 Guidance on use of criminal background information applies only to the State of Texas . . . but all employers might be able to make use of it. Back in 2012, the Equal Employment Opportunity...more

Is Telecommuting A Reasonable Accommodation? It Depends.

Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common...more

EEOC Charges Were Down In FY2017 . . . But Don't Celebrate Just Yet

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more

Company Settles EEOC Pregnancy Accommodation Suit For $80K

A residential care provider has settled an EEOC lawsuit alleging failure to accommodate an employee's pregnancy. Silverado Menomenee Falls, LLC, a residential care provider, has settled a lawsuit filed by the Equal...more

EEO-1 Reports For 2017 Are Now Being Accepted!

Employers have until March 31. No comp data required. The Equal Employment Opportunity Commission announced yesterday that its web portal for submission of 2017 EEO-1 Reports is now open and accepting...more

Government Shutdown Central

Hard to believe, but labor and employment services are generally considered "non-essential." :-( You may have heard that the federal government shut down in the wee hours of Saturday morning. For the most part, the agencies...more

Catching Up: New NLRB Chair, Starting Over, New Minimum Wages

I hope everyone's holidays were happy. While I was out . . . Marvin Kaplan is chairman of National Labor Relations Board. President Trump appointed Mr. Kaplan to become chairman, replacing Philip Miscimarra, who left the...more

Court Vacates Parts Of EEOC Wellness Rules, Effective 1/1/19

You snooze, you lose, the court said. (In so many words.) Remember the AARP v. EEOC case? That's the one in which the AARP challenged the regulations of the Equal Employment Opportunity Commission addressing incentives for...more

Hello, Goodbye

Welcome back to an old friend, and goodbye to one we wish we'd had longer. President Trump has reappointed Democrat Chai Feldblum to another term on the Equal Employment Opportunity Commission. Commissioner Feldblum was...more

12/15/2017  /  EEOC , NLRB , Trump Administration

WHAT NOW? The Sexual Harassment Scandals, And What Employers Can Do To Protect Themselves And Their Employees

Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

Three Hot Regulatory Issues For Employers To Watch

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. NLRB/EEOC coordination. The National Labor...more

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Trump’s EEOC Nominations Are Rocking Along – And Here’s What We Can Expect

With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican...more

For “Labor Day” (Get It?): Three pregnancy Cases From The EEOC

The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more

EEO-1 “Pay Data” Requirement Is On Hold

As we have reported previously, the Equal Employment Opportunity Commission was going to require employers of 100 or more employees (and federal contractors with 50 or more employees) to include compensation data with their...more

BREAKING: EEO-1 “Pay Survey” Reporting Deadline Suspended

This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce: Members of the Chamber’s Labor Relations and Employee Benefits Committees:- We have just...more

AARP’s Wellness Win Against The EEOC: The “Law Nerd” Version

(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did...more

Wow! Court Invalidates EEOC Wellness Rules

I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission. Yesterday, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion....more

Employer Loses Defense To EEOC Suit Because It Didn’t Preserve Records

Just a quick reminder to employers to PRESERVE THEIR RECORDS when litigation is not only pending but also threatened. "If you wait until the sheriff serves you with a summons and complaint, you may have waited too long....more

President Trump nominates Iraq Veteran Daniel Gade To EEOC Commissioner spot

President Trump has nominated Daniel M. Gade to the last vacant slot on the Equal Employment Opportunity Commission. Dr. Gade, who has a Master’s and Ph.D. in Public Administration and Public Policy, is a veteran of the...more

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