Sarah Bauman at Seyfarth Shaw LLP

EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance Report

Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic...more

3/16/2023 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Employment Discrimination , Equal Employment Opportunity Commission (EEOC)

Illinois Supreme Court Holds A BIPA Claim Accrues Upon Every Scan Or Transmission

Seyfarth Synopsis: Today, the Illinois Supreme Court issued its second Illinois Biometric Privacy Act (BIPA) decision in the past two weeks, ruling in Cothron v. White Castle System that claims under BIPA accrue each time a...more

2/20/2023 / Biometric Information , Biometric Information Privacy Act , Data Collection , Fingerprints , Personal Data

BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric...

The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers today, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”). ...more

2/3/2023 / Biometric Information , Biometric Information Privacy Act , Conflicts of Interest , Data Collection , Data Privacy

The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027

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

1/18/2023 / Corporate Counsel , Employer Liability Issues , Employment Discrimination , Enforcement Priorities , Equal Employment Opportunity Commission (EEOC) , LGBTQ , Public Comment , Strategic Enforcement Plan

The Future Of The EEOC: The Commission Releases A Draft Of Its Bold 2022-2026 Strategic Plan

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

11/8/2022 / Comment Period , Corporate Counsel , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Strategic Planning

Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment

Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against...more

10/24/2022 / Americans with Disabilities Act (ADA) , Disability , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Failure to Accommodate , Reasonable Accommodation

EEOC Fiscal Year-End Filings Eerily Quiet: Litigation Fizzle Or Calm Before The Storm?

Seyfarth Synopsis: Last year was one of change and recovery for the EEOC as a result of the pandemic and new leadership. With the new leadership regime and structural changes at the EEOC came an uptick in filings from FY...more

10/4/2022 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Title VII

Illinois Federal Court Grants Class Certification To Cook County Department Of Corrections Applicants Based On Allegedly...

Seyfarth Synopsis: On August 8, 2022, the U.S. District Court for the Northern District of Illinois granted Plaintiffs’ motion for class certification for a class of applicants who sought employment with the Cook County...more

8/12/2022 / Civil Rights Act , Class Action , Class Certification , Employer Liability Issues , Employment Litigation , Race Discrimination , Title VII

EEOC And DOJ Issue Important Guidance On Preventing AI- and Technology-Related Disability Discrimination

Seyfarth Synopsis: As we previously reported here, last October the EEOC put employers on notice of an initiative to ensure that artificial intelligence (“AI”) and other technology used in hiring and employment decisions...more

5/16/2022 / Artificial Intelligence , Department of Justice (DOJ) , Disability Discrimination , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Job Applicants

The EEOC Overlooks Pleading Defects In Seeking TRO, Resulting In Denial By Nebraska Federal Court

Seyfarth Synopsis: In EEOC v. BNSF Railway Co., Case No. 8:21-CV-369 (D. Neb. April 28, 2022), Judge Brian C. Buescher of the U.S. District Court for the District of Nebraska denied the EEOC’s request for a temporary...more

5/6/2022 / BNSF Railway , Employer Liability Issues , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Sex Discrimination , Title VII , TRO

EEOC Update: The Commission Releases Its FY 2023 Budget Justification And FY 2021 Performance Report

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

3/30/2022 / Annual Reports , Corporate Counsel , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Performance Reviews

Georgia Federal Court Denies Class Certification To AT&T Employees In Pregnancy Discrimination Lawsuit

Seyfarth Synopsis: In Allen et al. v. AT&T Mobility Services, LLC, Case No. 1:18-CV-03730 (N. D. Ga. March 21, 2022), Plaintiffs alleged that AT&T, their former employer, discriminated against them and other pregnant sales...more

3/28/2022 / AT&T , Civil Rights Act , Corporate Counsel , Employer Liability Issues , Employment Litigation , Pregnancy Discrimination , Title VII

Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an...more

2/4/2022 / Biometric Information , Biometric Information Privacy Act , Corporate Counsel , Fingerprints , IL Supreme Court , Timekeeping , Workers Compensation Act

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2021 (And Our Annual EEOC Enforcement Report)

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

1/11/2022 / Corporate Counsel , Disparate Impact , Equal Employment Opportunity Commission (EEOC) , LGBTQ , Pay Discrimination , Pregnancy Discrimination , Religious Freedom Restoration Act (RFRA) , Sex Discrimination , Title VII

EEOC Technical Assistance On COVID-19: The Commission Adds Insight On Pandemic-Related Retaliation Claims

Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of...more

11/23/2021 / Coronavirus/COVID-19 , Corporate Counsel , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Retaliation

Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act...more

9/23/2021 / Biometric Information , Biometric Information Privacy Act , Data Collection , Labor Management Relations Act (LMRA) , Preemption

The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year...more

9/21/2021 / Appeals , Biometric Information , Biometric Information Privacy Act , Class Action , Corporate Counsel , Fingerprints , Statute of Limitations

Federal Court Concludes That Security Officers Union Lacks Standing To Sue On Behalf Of Its Members For COVID-19-Related Workplace...

Seyfarth Synopsis: On August 30, 2021, in Massone, et al. v. Washington, No. 20-CV-7906, 2021 WL 3863081(S.D.N.Y. Aug. 30, 2021), the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by...more

9/15/2021 / Coronavirus/COVID-19 , Corporate Counsel , Standing , Workplace Injury , Workplace Safety

Sarah Bauman

Seyfarth Shaw LLP

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