News & Analysis as of

Retaliation Equal Employment Opportunity Commission (EEOC) Employment Policies

Parker Poe Adams & Bernstein LLP

EEOC Settlement Emphasizes Employees' Right to Discuss Salaries

Reports of the demise of the Equal Employment Opportunity Commission’s enforcement of traditional discrimination claims may have been exaggerated. Last week, the commission announced settlement of claims made against Sinclair...more

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

Husch Blackwell LLP on

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Poyner Spruill LLP

Five Key Points on DEI from EEOC/DOJ Guidance

Poyner Spruill LLP on

The Equal Employment Opportunity Commission (the “EEOC”) issued two technical guidance documents on March 19, 2025 that every employer should read. The first document, issued jointly with the Department of Justice is titled...more

Stradling Yocca Carlson & Rauth

DEI Scrutiny Leads to New Advice: The EEOC Issues Updated DEI Guidance

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance regarding DEI: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About...more

Genova Burns LLC

“Unlawful DEI” Explained (Or Not) By New EEOC Guidance

Genova Burns LLC on

On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more

Jackson Walker

DEI Under Scrutiny: What Employers Must Know About New EEOC and DOJ Guidance

Jackson Walker on

Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is...more

Hinckley Allen

EEOC and DOJ Issue Guidance on Diversity, Equity and Inclusion

Hinckley Allen on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two “technical assistance documents” for the purpose of “educating the public about unlawful...more

Holland & Hart - Employers' Lawyers

DEI and Discrimination: What Employers Should Know

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy,...more

Woods Rogers

Conducting Effective Workplace Investigations

Woods Rogers on

Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

Offit Kurman

Office Romance: Navigating Workplace Relationships and Managing Legal Risks

Offit Kurman on

Dear Sarah, Two of my employees have started dating, and I’m worried it might affect their work or lead to complaints from others. Should we have a formal policy on workplace relationships? Are we even allowed to have such a...more

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...more

U.S. Equal Employment Opportunity Commission...

Wyoming Trucking Company to Pay $124,000 in EEOC Sexual Harassment Lawsuit

Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more

Holland & Hart - Employers' Lawyers

Lessons for Employers: Navigating Return-to-Office Policies and ADA Recordkeeping Compliance

Fresh off the press, the Equal Employment Opportunity Commission (“EEOC”) has issued an important finding this week highlighting key compliance pitfalls for employers under the Americans with Disabilities Act (“ADA”)....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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your New Year To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Mintz - Employment Viewpoints

New York State Enacts Changes to Employment-Related Confidentiality Provisions

In an effort to further restrict the use of confidentiality clauses when resolving employment discrimination, harassment, and retaliation claims, New York recently passed S4516, which amends Section 5-336 of the New York...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Adopts Updates to Model Sexual Harassment Prevention Policy

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more

Tucker Arensberg, P.C.

Having a Discrimination and Harassment Policy is Not Enough to Avoid Potential Liability

Tucker Arensberg, P.C. on

I have urged all employers to have good and thorough policies against workplace discrimination or harassment. However, a recent case filed by the EEOC against a hotel chain shows that having such policies is not enough, it is...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®

It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status. EEOC Withdraws Wellness Incentive Rules...more

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