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“One-Size-Fits-All” Return-To-Work Policies Cause An Extra Large Problem For Major US Airline

On November 3, 2017, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against a major United States airline, alleging the company maintained policies that violated the Americans with Disabilities Act (“ADA”), and inked a $9.8 million settlement deal with the company the same day. The EEOC alleged that the company maintained a “100% return … Continue Reading

Trending Topic: Gender Identity Discrimination

In April 2012, the EEOC held for the first time in Macy v. Holder that transgender discrimination is sex discrimination and that Title VII sex discrimination prohibits discrimination of a job applicant based upon her status as a transgender woman. The opinion relied heavily on the US Supreme Court’s decision in Price Waterhouse v. Hopkins, … Continue Reading

Seventh Circuit Explains: The ADA Is Not A “Medical Leave” Statute

On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  As we all know, the ADA prohibits employers from discriminating against “qualified individuals” with disabilities, defining such individuals as applicants or employees who, with … Continue Reading

Intentional Segregation By Race Is Not Enough to Trigger Title VII Liability, Says Seventh Circuit

In EEOC v. AutoZone, Inc., the United States Court of Appeals for the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) ruled that AutoZone did not violate the anti-segregation provision of Title VII of the Civil Rights Act of 1964 (“Title VII”), when it transferred Kevin Stuckey, an African American employee, from a store with … Continue Reading

Ninth Circuit Court of Appeals: Public Employers with Less Than 20 Employees Are Covered By The ADEA

The Age Discrimination in Employment Act (“ADEA”) prohibits covered employers from discriminating against employees and applicants who are age 40 or older.  All private employers are subject to the ADEA unless they have less than 20 employees.  States, and their agencies, instrumentalities and political subdivisions, also fall under the ADEA.  However, courts have split on … Continue Reading

One Racial Slur May Be Sufficient To Create a Hostile Work Environment, Says Second Circuit

The United States Court of Appeals for the Second Circuit held last week that a single racial slur might provide sufficient basis for a hostile work environment claim.  In the case, Daniel v. T&M Protection Resources, LLC,  Plaintiff Daniel, a black, gay man from the Caribbean, alleged he was harassed at work on the basis … Continue Reading

U.S. Appellate Court Declares That Title VII Prohibits Employment Discrimination Based On Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that discrimination on the basis of sexual orientation is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  And it did so in no … Continue Reading

Supreme Court Says Appellate Courts Must Defer To District Court Decisions Regarding Enforceability of EEOC Subpoenas

Title VII of the Civil Rights Act of 1964 (Title VII) bestows upon the Equal Employment Opportunity Commission (EEOC) the right to subpoena records from employers against whom formal charges of discrimination have been filed; the EEOC also can subpoena employer representatives for interviews.  The purpose of this subpoena power is to allow the EEOC … Continue Reading

EEOC Pilots New Online Inquiry and Intake Program in Five Major US Cities

On March 13, 2017, the EEOC launched a new Online Inquiry and Intake System, making it easier for employees to seek assistance from the agency regarding claims of workplace discrimination, harassment, and retaliation. The new system is available to individuals who live within one hundred miles of the EEOC’s offices in Charlotte, Chicago, New Orleans, … Continue Reading

Extended Comment Period Gives Employers More Time to Weigh In On EEOC’s Proposed Guidelines On Unlawful Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) has provided additional time for public comment on its recently-issued proposed guidelines on unlawful harassment.  The 75-page draft, which issued on January 9, 2017, expands upon existing interpretations of many aspects of workplace harassment, including prohibited bases for harassment, conduct constituting illegal harassment, the role of social media, … Continue Reading

EEOC Issues New Guidance on the Rights of Applicants and Employees with Mental Health Conditions

On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading

EEOC Issues New Enforcement Guidance on National Origin Discrimination

On November 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance regarding national origin discrimination. The EEOC also published a parallel question and answer page, as well as a fact sheet on national origin discrimination applicable to small businesses.  Although not carrying the force of law, like a statute or regulation, the Enforcement … Continue Reading

U.S. District Court Judge Sides With EEOC, Holds That Title VII Prohibits Discrimination Based Upon Sexual Orientation

Title VII of the Civil Rights Act of 1964 protects employees by prohibiting employment discrimination based on race, color, religion, national origin, and sex.  This much is clear.  What is not clear is whether the prohibition on sex-based discrimination extends to sexual orientation-based discrimination?  The United States Equal Employment Opportunity Commission (“EEOC”) – the government … Continue Reading

New EEO-1 Report Finalized: Employers Required to Report Pay Data Starting with 2017 Report

Employers will officially be required to report compensation data and hours to the EEOC beginning with the 2017 EEO-1 report. Last week, the EEOC announced approval of the revised version of the EEO-1 report. Although private employers have long been required to report sex and race/ethnicity to the EEOC, now private employers with 100 or … Continue Reading

Final Rules Released for Federal Contractor Paid Sick Leave and New EEO-1 Report

Yesterday was a busy day, with the announcement of two long-awaited final rules from the EEOC and the U.S. Department of Labor (“DOL”).  The EEOC released the final version of the revised EEO-1 form, and the DOL released the final paid sick leave rule for federal contractors.  (And, as we reported yesterday, the U.S. House … Continue Reading

EEOC Issues Long-Awaited Retaliation Guidance

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8: Retaliation.  As the title clearly implies, the guidance primarily sets forth the Agency’s evolving interpretations of the law of retaliation.  It also focuses on the … Continue Reading

EEOC to Issue Comprehensive Guidance on National Origin Discrimination – Opens Comment Period to the Public

The U.S. Equal Employment Opportunity Commission (the “EEOC”) has proposed comprehensive enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The EEOC announced this past Thursday that it is seeking public comments prior to issuing its final enforcement guidance. Enforcement guidance documents from the EEOC state the agency’s … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

EEOC Warns US Employers That State Law Cannot Be Used to Justify Transgender Discrimination

The United States Equal Employment Opportunity Commission (“EEOC”) reminded employers this week in no uncertain terms that they are required to provide transgender workers with access to bathrooms that corresponds with their gender identity.  A failure to do so – the EEOC warned – runs the risk of violating Title VII of the Civil Rights … Continue Reading

EEOC Files First – and Second – Sexual Orientation Discrimination Lawsuits

The EEOC has been pursuing equal protection based on sexual orientation for years, and recent moves by the agency prove their position is more than just talk. In December 2012, the EEOC approved a Strategic Enforcement Plan identifying “coverage of lesbian, gay, bisexual and transgender individuals under Title VII’s sex discrimination provisions” as an agency … Continue Reading

EEOC To Give Employees Access to Employer Position Statements Upon Request

The Equal Employment Opportunity Commission recently announced a change that will now provide discrimination claimants with their employers’ position statements. The new uniform policy will mean employees alleging unlawful discrimination will now be able to see their employer’s position statement, instead of merely receiving a verbal summary from the EEOC. To protect confidential and privileged … Continue Reading

Equal Pay Momentum – New Jersey Senate Labor Committee Approves Proposed Equal Pay Legislation

A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading
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