News & Analysis as of

Discrimination › Government Investigations

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Hogan Lovells

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

Dorsey & Whitney LLP

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

Dorsey & Whitney LLP on

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

WilmerHale

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

WilmerHale on

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum,...more

Robinson+Cole RLUIPA Defense

RLUIPA Implications of Trump’s Immigration Executive Order

Robinson+Cole RLUIPA Defense on

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Clark Hill PLC

EEOC Implements Nationwide Procedures for Releasing Respondents' Position Statements to Charging Parties

Clark Hill PLC on

The Equal Employment Opportunity Commission (EEOC) recently implemented a new procedure that allows Charging Parties to request and obtain the Respondent employer's position statements and non-confidential attachments during...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation

Parker Poe Adams & Bernstein LLP on

When investigating administrative charges of discrimination, the Equal Employment Opportunity Commission often sends employers Requests for Information that seek details about employees similarly situated to the charging...more

Constangy, Brooks, Smith & Prophete, LLP

UNDER THE BUS: Feds’ New Focus On Individual Wrongdoers Has Implications For Employers

Constangy, Brooks, Smith & Prophete, LLP on

The U.S. Department of Justice has recently issued a memorandum entitled “Individual Accountability for Corporate Wrongdoing.” According to the Memorandum, companies involved in federal criminal and civil investigations will...more

Bilzin Sumberg

CFPB, DOJ Show Renewed Interest in Pursuing “Redlining” Cases

Bilzin Sumberg on

Evidence is mounting that the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) are taking a renewed interest in investigating possible redlining—the practice of lenders charging certain groups...more

U.S. Equal Employment Opportunity Commission...

Federal Court Approves EEOC Subpoena in Investigation of Union Pacific

U.S. Equal Employment Opportunity Commission... on

Agency Can Use Subpoena to Continue Investigation of Discrimination Even After Complainants' Private Lawsuit Has Been Dismissed - MILWAUKEE - A federal judge has approved a subpoena allowing the U.S. Equal Employment...more

McAfee & Taft

Despite settlement, EEOC continues and expands discrimination investigation

McAfee & Taft on

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

McAfee & Taft

AGENCY ACTION: EEOC: Trolling for plaintiffs

McAfee & Taft on

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

Bradley Arant Boult Cummings LLP

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

Bradley Arant Boult Cummings LLP on

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

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