An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more
For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs...more
Signaling an agency culture reset, the Equal Employment Opportunity Commission (EEOC) is proposing a regulation that promises to make the EEOC conciliation process more efficient and transparent. In theory, the changes will...more
The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.
While the EEOC’s press release was...more
The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
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7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour
The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential,...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination