News & Analysis as of

Corporate Counsel Equal Employment Opportunity Commission (EEOC) Civil Rights Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Littler

Littler Lightbulb: May Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Seyfarth Shaw LLP

EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

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In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

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From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

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In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

Seyfarth Shaw LLP

EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

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Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

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The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Fisher Phillips

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

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In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

McDermott Will & Emery

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing

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Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be...more

Faegre Drinker Biddle & Reath LLP

EEOC Disavows Former General Counsel’s Letter on Abortion Travel Benefits

We understand a former general counsel of the Equal Employment Opportunity Commission (EEOC or Commission), Sharon Fast Gustafson, recently sent a form letter to various employers alleging that providing abortion-related...more

FordHarrison

D.C. Circuit Holds Title VII Does NOT Require a Showing of Tangible Harm

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Executive Summary: On June 3, 2022, an en banc panel (meaning all of the judges on the court participated) of the U.S. Court of Appeals for the D.C. Circuit issued a landmark decision holding that Title VII does not require...more

Sherman & Howard L.L.C.

When Due Diligence Can Get You in Trouble: Due Diligence Provision in Purchase Agreement Allows EEOC to Plead Successor Liability

Purchase agreements almost always attempt to limit potential successor liability for the purchaser in the deal. However, in EEOC v. Roark-Whitten Hospitality 2 et al. (“EEOC v. RW2”), the Tenth Circuit determined that a...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Seyfarth Shaw LLP

A Tax Season Cautionary Tale: Court Penalizes Employer For Not Paying Payroll Tax Per EEOC Consent Decree

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Seyfarth Synopsis: In EEOC v. Sherwood Food Distributors, Inc., No. 16-CV-2386, 2022 U.S. Dist. LEXIS 32921 (N.D. Ohio Feb. 24, 2022), a federal court in Ohio held an employer in contempt for failing to pay its payroll tax...more

Hinshaw & Culbertson - Employment Law...

Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). It required employers of 100 or more employees to institute mandates requiring employees to be fully...more

Fisher Phillips

7 Employer Takeaways from EEOC’s Latest Vaccine Guidance on Religious Accommodations

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The U.S. Equal Employment Opportunity Commission (EEOC) just updated its online COVID-19 technical guidance to further explain its position regarding religious objections to employer COVID-19 vaccination requirements,...more

Proskauer - Law and the Workplace

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more

Seyfarth Shaw LLP

EEOC Granted Exotic Injunctive Relief in Race Discrimination Lawsuit Against Mississippi Adult Club

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Seyfarth Synopsis: Following a jury trial in a federal court in Mississippi in an EEOC-initiated lawsuit alleging that Black adult club dancers were subjected to race discrimination, where their employer was found liable of...more

Ward and Smith, P.A.

One Year Later: Have Employers Taken Stock Following Bostock?

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This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more

Seyfarth Shaw LLP

Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

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Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and...more

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