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Do heterosexuals have Title VII rights?

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more

Year-End Employment Law Roundup

Here's a summary of what you may have missed over the holiday break. EEOC, court kick "Onionhead" employer while it's down....more

BREAKING: Trump Nominee For EEOC Withdraws From Consideration

After a year and a half in limbo, Daniel Gade has apparently had enough. Daniel Gade, one of President Trump's nominees for Commissioner at the Equal Employment Opportunity Commission, has voluntary withdrawn from...more

EEOC Rescinds Wellness Incentive Rules

A not unexpected development. The Equal Employment Opportunity Commission has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information...more

10 Things For Which This Employment Lawyer Is Thankful In 2018

What are you thankful for this year? Here is my list. No. 1. Absence of drama. Admittedly, the political scene has had more than its share of drama, but from a labor and employment law standpoint, this year has been...more

DOJ v. EEOC On LGBT: Game On?

Nah. They'll just agree to disagree. Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender...more

What's Up For Employers? Trump Releases Fall '18 Regulatory Agenda

A preview of coming attractions! The Trump Administration issued its Fall 2018 regulatory agenda this week, which includes many items of interest to employers. Here are the highlights:-...more

EEOC Now Says It IS having A #MeToo Spike

How quickly things change! Late last week, the Equal Employment Opportunity Commission released preliminary numbers on sexual harassment for Fiscal Year 2018, which ended September 30. Here is what the agency says:-...more

Employers, just say no to these disability/pregnancy practices!

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and...more

Is The Sexual Harassment "Groundswell" Starting?

Maybe so - but at the state level. Earlier this summer, Victoria Lipnic, acting chair of the Equal Employment Opportunity Commission, reported that the EEOC had not seen a surge in charges alleging sexual harassment since...more

Almost Everybody Wants The Supreme Court To Rule On LGBT Rights.

C'mon, Supreme Court: Settle this one! As you know if you read this blog regularly, there are three cases involving LGBT rights under Title VII that might make it to the U.S. Supreme Court....more

Funeral Home Seeks SCOTUS Review Of Transgender Bias Case

But will the EEOC be allowed to defend? This should be interesting. You probably remember the case of EEOC v. R.G. & G.R. Harris Funeral Homes, involving the termination of a Detroit-area transgender funeral home director....more

The SCOTUS Contenders On Employment Law: Raymond Kethledge

Here is a judge an employer can love. In our continuing series on the employment law rulings of President Trump's "short-list" candidates for Justice Anthony Kennedy's seat on the U.S. Supreme Court, we turn to Judge Raymond...more

Still No #MeToo Uptick In Sex Harassment Charges, EEOC Says

It's probably coming, but it's not here yet. The EEOC's Select Task Force on the Study of Harassment in the Workplace met this week. According to the press release of the Equal Employment Opportunity Commission, not much...more

Who's Holding Up Those EEOC Appointments? Republicans!

Grrrr. As our readers know, President Trump nominated two Republicans last summer to join the Equal Employment Opportunity Commission: Janet Dhillon (to be Chair) and Daniel Gade. Although both Ms. Dhillon and Dr. Gade...more

Jury Socks It To "Onionhead" Employer For $5.1 Million

It's enough to make an "onionhead" weep. A few years ago, the Equal Employment Opportunity Commission sued this employer -- who allegedly discriminated against, harassed, and retaliated against a number of employees who...more

Trump Nominates General Counsel To EEOC

It's the attorney who won the ground-breaking "pregnancy accommodation" case. President Trump has nominated Sharon Fast Gustafson to be General Counsel of the Equal Employment Opportunity Commission. That position has been...more

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will --...more

A Ho-Hum EEOC Strategic Plan? Maybe That's Not So Bad.

Not a lot to the EEOC's 2018-22 Strategic Enforcement Plan, but that might be good for employers. The Equal Employment Opportunity Commission recently released its Strategic Enforcement Plan for 2018-2022. During the Obama...more

Criminal Background Guidance Enjoined -- Could That Affect You?

An injunction of the EEOC's 2012 Guidance on use of criminal background information applies only to the State of Texas . . . but all employers might be able to make use of it. Back in 2012, the Equal Employment Opportunity...more

Is Telecommuting A Reasonable Accommodation? It Depends.

Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common question...more

EEOC Charges Were Down In FY2017 . . . But Don't Celebrate Just Yet

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more

Company Settles EEOC Pregnancy Accommodation Suit For $80K

A residential care provider has settled an EEOC lawsuit alleging failure to accommodate an employee's pregnancy. Silverado Menomenee Falls, LLC, a residential care provider, has settled a lawsuit filed by the Equal...more

EEO-1 Reports For 2017 Are Now Being Accepted!

Employers have until March 31. No comp data required. The Equal Employment Opportunity Commission announced yesterday that its web portal for submission of 2017 EEO-1 Reports is now open and accepting...more

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