News & Analysis as of

Corporate Counsel Equal Employment Opportunity Commission

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

by Seyfarth Shaw LLP on

A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with...

by FordHarrison on

Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

U.S. Government Continues Raising the Cost of Noncompliance

The U.S. Justice Department, the Federal Trade Commission, and other federal agencies recently announced their 2018 increases for civil penalties. As the costs of violations continue rising, it is imperative that companies...more

Unsuccessful Successor: Court Finds Employer May Be Liable In EEOC Lawsuit For Its Predecessor’s Conduct Under Title VII

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Maryland federal district court recently found that a successor employer could be liable in an EEOC lawsuit for its predecessor’s alleged employment discrimination. ...more

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company,...more

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

by Jackson Lewis P.C. on

A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more

I’m Legal Counsel To Our Diversity Office; What Do I Need To Know About Data Analytics?

by Jackson Lewis P.C. on

As if you don’t have enough on your plate already. You just heard in the lunchroom that your Chief Diversity Officer is making a presentation to a trade group on the company’s workforce demographics. Should you care?...more

The Dangers of Misunderstanding “Pregnancy Accommodation”

by Miller & Martin PLLC on

In the wake of the 2015 U.S. Supreme Court decision, Young v. UPS, many employers have gotten “way too excited” and have “way oversimplified” their duty to accommodate pregnant employees (or not!)....more

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

by Seyfarth Shaw LLP on

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

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Another Federal Appeals Court Finds Title VII Prohibits Sexual Orientation Discrimination

by Littler on

On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With...more

Employment Law This Week®: Harassment Claims Trigger Shareholder Suits, Misclassification Standard Under Review, EEOC’s New...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Get it on the Calendar: Employees’ Sabbath Work Claims Survive, but Tenth Circuit Rejects Broad “Complete” or “Total” Theories of...

The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more

Is The EEOC’s Background Check Guidance In Jeopardy?

by Akerman LLP - HR Defense on

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

What the White House 2019 Budget Proposals Tell Us About Future Labor and Employment Policy Reforms

On February 12, 2018, the White House released its fiscal year 2019 (FY 2019) budget plan and sent it to Capitol Hill just a week after signing a two-year budget deal lifting the spending caps for 2018 and reopening the...more

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

by Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

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

by Seyfarth Shaw LLP on

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

President's FY 2019 Budget Proposal Signals Cuts to Labor and Employment Funding

by Littler on

President Trump's budget proposal for fiscal year 2019 indicates the administration intends to scale back the Department of Labor (DOL) and National Labor Relations Board (NLRB). ...more

Employment Law This Week®: NLRB Considers Case-Processing Changes, New EEOC Sexual Harassment Guidance, DOJ Memos on False Claims...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Fourth Circuit Revives Equal Pay Act Claim, Imposes Tougher Summary Judgment Standard

In U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration, No. 16-2408 (January 5, 2018), the Fourth Circuit Court of Appeals addressed the application of the summary judgment standard to a claim...more

2017’s Top Ten Employment Discrimination Claims

Late last month, a report was released on the number of workplace discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) during fiscal year 2017, which ran from October 1, 2016 through...more

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

by Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

by Fox Rothschild LLP on

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Fiscal Year 2017 EEOC Statistics are Here (and So Is Retaliation!)

by Kelley Drye & Warren LLP on

Last week the EEOC released its annual report breaking down charges received during the fiscal year. In fiscal year 2017, the agency received 84,254 charges and took in $398 million between voluntary resolutions and...more

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