News & Analysis as of

Enforcement Actions Civil Rights Act Employer Liability Issues

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

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At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

Berkshire

Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

Berkshire on

After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

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Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Conn Kavanaugh

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...

Conn Kavanaugh on

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025,...more

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

Perkins Coie on

In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Bass, Berry & Sims PLC

DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”

Bass, Berry & Sims PLC on

As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to...more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Parker Poe Adams & Bernstein LLP

EEOC: Employers Can't Require Proof of Validity for Religious Accommodation Requests

Last week, the Equal Employment Opportunity Commission announced that it had reached a settlement agreement in a lawsuit filed against a Pennsylvania debt collection agency alleging failure to provide a religious...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2022

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Akerman LLP - HR Defense

Thousands of COVID-Related EEOC Charges Filed; More to Come?

Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from...more

U.S. Equal Employment Opportunity Commission...

Sierra Creative Systems Settles EEOC Sexual Harassment and Retaliation Lawsuit

Agreement Resolves Claims of Sexual Harassment and Retaliation - LOS ANGELES - Sierra Creative Systems, Inc., doing business as Addressers, a Paramount, Calif.-based printing, mailing and fulfillment company, has agreed...more

Fisher Phillips

Sexual Harassment Payouts Hit All-Time High In 2019 - 10 Takeaways From Latest EEOC Statistics

Fisher Phillips on

Employers paid out a record $68.2 million to those alleging sexual harassment violations through the EEOC in 2019, shattering the all-time record by over $10 million and reminding us all that the #MeToo movement continues to...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

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

U.S. Equal Employment Opportunity Commission...

Rainbow USA, Inc., to Pay $11,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Specialty Apparel Chain Fired Manager After Learning She Was Pregnant, Agency Charged - NEW ORLEANS-Rainbow USA, Inc. (Rainbow), a specialty apparel chain doing business in the Chalmette, Louisiana area, agreed to pay...more

U.S. Equal Employment Opportunity Commission...

Carmel Restaurants to Pay $175,000 to Settle Sexual Harassment Lawsuit

Restaurants Allowed Employees to Harass Male and Female Workers, Federal Agency Charges - SAN JOSE, Calif. - Carmel restaurants owned and operated by JCFB, Inc. agreed to pay $175,000 to settle a federal sexual harassment...more

U.S. Equal Employment Opportunity Commission...

Jackson National Life Insurance to Pay $20.5 Million to Settle EEOC Lawsuit

Jackson Tolerated Harassment, Discriminated Against Female and African American Employees in Promotions and Pay, and Retaliated Against Employees Who Complained, Federal Agency Charged - DENVER, Colo. - Jackson National...more

U.S. Equal Employment Opportunity Commission...

Falcon Foundry Company Resolves Class Racial Harassment Claims by EEOC and NAACP

Foundry's Leadership Subjected Employees to Discrimination and Harassment, Including Allowing a Noose to Hang in the Facility, Federal Agency Charged - CLEVELAND - Falcon Foundry Company, located in Lowellville, Ohio, has...more

U.S. Equal Employment Opportunity Commission...

Life Care Centers of America to Pay $170,000 to Settle EEOC Discrimination Lawsuit

Company Refused to Provide Light Duty to Pregnant Worker, Federal Agency Charged - SEATTLE - Geriatric care giant Life Care Centers of America, Inc. and its affiliate, South Hill Operations, LLC, doing business as "Life...more

U.S. Equal Employment Opportunity Commission...

United Airlines to Pay $321,000 and Fight Internet Harassment to Settle EEOC Discrimination Suit

Pilot Repeatedly Posted Sexually Explicit Photos of a Flight Attendant To Websites for Years, Federal Agency Charged - SAN ANTONIO, Texas - United Airlines, Inc., a Chicago-headquartered international airline operating in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blackstone Consulting, Inc. for National Origin Discrimination

Los Angeles-Based Service Fired Cleaner Because She Wasn't Fluent in English, Federal Agency Charges - BALTIMORE - Blackstone Consulting Inc, which provides environmental, facilities management and other services to...more

U.S. Equal Employment Opportunity Commission...

Tucoemas Federal Credit Union Settles EEOC Discrimination Lawsuit for $450,000

Senior Female Employees Were Passed Over for Credit Union's Top Job in Favor of a Younger, Male Applicant, Federal Agency Charged - FRESNO, Calif. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today...more

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