The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. ...more
Seyfarth Synopsis: In a landmark decision for gay and transgender employees, the U.S. Supreme Court held in Bostock v. Clayton County, Georgia, No. 17-1618, 2020 U.S. LEXIS 3252 (June 15, 2020), that Title VII prohibits...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: On June 11, 2020, the EEOC updated its Technical Assistance Q&A webpage to address several new questions submitted by employers and their counsel regarding the application of the Americans With...more
Seyfarth Synopsis: As reported here, on May 29, 2020, EEOC Chair Janet Dhillon advised agency officials of a new, six-month pilot program changing the Commission’s practices in settling workplace bias claims before pursuing...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 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more
3/28/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
GINA ,
Reasonable Accommodation ,
Telecommuting ,
Title VII
Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety...more
Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more
2/19/2020
/ Appeals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Motion To Enjoin ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
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: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal...more
12/20/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Title VII ,
Wage and Hour
Seyfarth Synopsis: As we look ahead to the end of the year, and Seyfarth Shaw’s annual analysis of trends and developments in EEOC litigation, we can begin to see how the EEOC has shaped equal pay litigation in the federal...more
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: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more
6/17/2019
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Class Certification ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Putative Class Actions ,
Volkswagen
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
Seyfarth Synopsis: The uncertainty of a new administration’s impact on the EEOC that plagued FY 2017 is fading, but the results are not what some would expect. Not only has the EEOC brought a mountain of filings compared to...more
Seyfarth Synopsis: After initially dismissing a sweeping class action complaint alleging systemic pay discrimination on behalf of “all women employed by Google in California,” the Court has now decided to allow an amended –...more
4/3/2018
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Google ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
Technology Sector ,
Wage and Hour
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
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
Seyfarth Synopsis: Google now finds itself in the unfortunate position of being accused of discrimination against women in pay and promotions and – according to a new complaint filed in California Superior Court – against...more
1/17/2018
/ Class Action ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Google ,
Pay Gap ,
Sex Discrimination ,
Technology Sector ,
Wage and Hour
Seyfarth Synopsis: On November 15, 2017, the EEOC released its annual Performance and Accountability Report for Fiscal Year 2017 – its internal “report card” for its fiscal year 2017. The report touts the EEOC’s progress in...more
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more
10/2/2017
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
EEO-1 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
GINA ,
Hiring & Firing ,
National Origin Discrimination ,
Pregnancy Discrimination ,
Race Discrimination ,
Religious Discrimination ,
Reporting Requirements ,
Retaliation ,
Sex Discrimination ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration ,
Wage and Hour