On January 17, 2024, just days before the new presidential term began, the Equal Employment Opportunity Commission published its annual performance report for the preceding Fiscal Year 2024. The Report highlights a year...more
2/3/2025
/ Americans with Disabilities Act (ADA) ,
Annual Reports ,
Biden Administration ,
Corporate Counsel ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Pregnant Workers Fairness Act ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration
On November 15, 2024, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2024. The AFR is intended to provide a description of the Agency’s financial management and offer high-level performance information....more
Seyfarth Synopsis: Following the EEOC’s aggressive litigation posture in the Obama-era, the Commission’s federal case filings has been markedly sluggish, at least in part because of transitions in leadership. Seyfarth...more
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
8/24/2023
/ Civil Rights Act ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GAO ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Regulatory Agenda ,
Strategic Planning
Seyfarth Synopsis: On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for...more
Seyfarth Synopsis: On Friday, November 4, the EEOC released its draft 2022-2026 Strategic Plan (available here)—a blueprint of its proposed enforcement plan for the upcoming years. The Plan focuses on strategic objectives...more
Seyfarth Synopsis: On March 28, 2022, the EEOC released its fiscal year 2023 budget justification (see here) and fiscal year 2021 performance report (“APR”) (see here). The APR is a “report card” analysis of the EEOC’s...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: 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: On January 19, 2020, the EEOC released its second-ever Annual Performance Report (“APR”) for Fiscal Year 2020. In essence, it is a report card on the Commission’s activities, including its record relative...more
Seyfarth Synopsis: On January 14, 2021, the EEOC approved and issued newly updated procedures regarding its delegation of litigation authority and procedures, as well as its revised procedures for participating in cases as...more
Seyfarth Synopsis: On January 8, 2021, the EEOC unveiled a new webpage explaining the administrative and litigation tools used by the Commission to identify and pursue systemic discriminatory practices. This new guidance is...more
Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
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 its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities...more
4/25/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
Seyfarth Synopsis: On March 10, 2020, the EEOC released information about an internal resolution that may drastically change how high-stakes litigation decisions are made at the EEOC. ...more
3/11/2020
/ Corporate Counsel ,
Delegation Authority ,
Deregulation ,
EEOC Commissioner ,
EEOC General Counsel ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement Authority ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Reform ,
Regulatory Reform ,
Trump Administration
Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...more
2/11/2020
/ #MeToo ,
Annual Reports ,
Claim Procedures ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Labor Law Violations ,
Sexual Harassment ,
Statistical Analysis ,
Strategic Enforcement Plan
Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more
2/6/2020
/ Administrative Backlogs ,
Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Labor Law Violations ,
Strategic Enforcement Plan ,
Vulnerable Victims ,
Worker Protection Standard
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: On November 19, 2019, the EEOC released its inaugural “Agency Financial Report” (“AFR”) for Fiscal Year 2019. Substantively, the AFR is a data compilation regarding the EEOC’s financial health,...more
11/21/2019
/ Administrative Appointments ,
Administrative Backlogs ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Reporting ,
OMB ,
Performance and Accountability Report ,
Regulatory Agencies ,
Regulatory Standards ,
Strategic Enforcement Plan ,
Trump Administration
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: Who sits as Chair of the EEOC unquestionably has a significant impact for all employers interacting with the Commission....more
Seyfarth Synopsis: On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018. ...more
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