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Don’t Stress – Anxiety May Not Always Be A Disability Under the ADA (US)

On October 22, 2019, a Tennessee federal district court dismissed a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) under the Americans with Disabilities Act (“ADA”) against West Meade Place LLP (“WMP”), a skilled nursing facility, after finding on summary judgment that the EEOC failed to establish that former WMP employee … Continue Reading

EEOC Must Continue Collecting Pay Data Until January 31, 2020 (US)

On October 29, 2019, the U.S. District Court for the District of Columbia ordered that the EEOC must continue to take all steps necessary to complete EEO-1 Component 2 data collection for calendar years 2017 and 2018.  As we recently discussed here, the EEOC filed a motion on October 8, 2019 asking the court to … Continue Reading

Update on EEOC Pay Data Reporting:  EEOC Asks Court to End EEO-1 Component 2 Data Collection (US)

As we most recently reported here and here, as of September 30, 2019, employers with 100 or more employees  (and federal contractors with 50 or more employees) were required to report to the federal government pay data for 2017 and 2018 for their workforce (known as “Component 2” data), broken down by race/ethnicity, sex, and job … Continue Reading

US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”?

Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) recently provided an update to his prior post addressing the US Supreme Court’s then-pending decision in Kisor v. Wilkie.  In that case, decided in late June 2019, the Court addressed the Auer standard of deference that is applied by courts to administrative agencies’ interpretations … Continue Reading

EEOC Presses Pause on Collection of EEO-1 Pay Data After This Year’s September 30 Reporting Deadline (US)

As we have previously reported here, companies with at least 100 employees must collect and report 2017 and 2018 employee pay data information, broken down by race/ethnicity, sex, and job category (“Component 2 data”) as part of their annual EEO-1 report. This Component 2 data remains due to be filed with the EEOC by September … Continue Reading

Illinois Enacts New Law In Response To #MeToo Movement (US)

On August 9, 2019, Illinois Governor JB Pritzker signed into law the Illinois Workplace Transparency Act (“WTA”), imposing new requirements and modifying existing laws in ways that will impact nearly all Illinois employers – and may be a signal of things to come in other US states.  The WTA aims to address concerns raised through … Continue Reading

EEOC Opens Online Filing System: Are You Ready for the September 30, 2019 Pay Data Reporting Deadline? (US)

As we have reported previously (here, here, here and here), sweeping changes to employer obligations under the Equal Employment Opportunity Commission’s (EEOC) EEO-1 reporting requirements are under way. By September 30, 2019, employers must report 2017 and 2018 pay data for their workforce (referred to as “Component 2” data), broken down by race/ethnicity and sex. … Continue Reading

Seventh Circuit: Obesity Alone Is Not A Disability Under the ADA (US)

As we previously reported here, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”).  On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, … Continue Reading

U.S. Supreme Court Relaxes Procedural Path for Title VII Litigants, Ruling EEOC Charge-Filing Process Not Jurisdictional

On January 23, 2019, we reported that the Supreme Court had agreed to review a decision from the Fifth Circuit Court of Appeals, Ft. Bend County v. Davis, which would answer conclusively whether the pre-filing administrative exhaustion requirement is jurisdictional (meaning that failure to fully exhaust administrative remedies would bar litigation) or non-jurisdictional and thus … Continue Reading

EEOC Will Begin Collecting 2017 and 2018 Pay Data from Employers in Mid-July 2019 (US)

A federal judge recently ordered that the Equal Employment Opportunity Commission (“EEOC”) collect two years of Component 2 EEO-1 data, including employees’ hours worked and W-2 compensation information, from employers with 100 or more employees (and federal contractors with 50 or more employees) by September 30, 2019 (see our post here).  The agency was given … Continue Reading

Title VII And LGBT Discrimination: The Path To The High Court (US)

Expanding on her previous post on the subject, on May 1, 2019, Law360 published the following expert analysis authored by Squire Patton Boggs labor and employment attorney Melissa Legault. After 11 private conferences during which the U.S. Supreme Court justices debated whether to hear the cases, the Supreme Court granted certiorari[1] in three cases involving the extent of protection — if … Continue Reading

New York City and California Take Aim at Hairstyle-Based Discrimination (US)

Both New York City and California have recently taken steps to ban hairstyle-based discrimination.  On Monday, April 22, 2019, the California State Senate passed the CROWN Act (Create a Respectful and Open Workplace for Natural Hair), which seeks to amend California’s anti-discrimination statute, the California Fair Housing and Employment Act (“FEHA”).   The CROWN Act, if … Continue Reading

Federal Court Confirms September 30, 2019 Deadline for Employers to Submit EEO-1 Pay Data (US)

As we previously reported here, on April 3, 2019, the White House Office of Management and Budget (“OMB”) filed a brief with the U.S. District Court for the District of Columbia proposing a September 30, 2019 deadline for the EEOC to complete collection of the required 2018 EEO-1 pay data forms. The brief was filed … Continue Reading

US Supreme Court Agrees to Decide Whether Title VII Prohibits LGBT Discrimination

After considering the petitions at eleven separate private conferences, on April 22, 2019, the U.S. Supreme Court granted certiorari in three cases involving the extent of protection provided by Title VII of the Civil Rights Act of 1964 – if any – against employment-based discrimination on the basis of sexual orientation and gender identity.  As we … Continue Reading

Does Obesity Qualify as a Disability Under the ADA? – It Depends on Who You Ask (US)

According to the most recent data from the Center for Disease Control, more than one-third of American adults are obese.  A person is considered obese when their weight is higher than what is considered as a healthy weight for a given height.  With obesity impacting such a large portion of the American public, employers are … Continue Reading

EEOC Proposes September 30, 2019 Deadline for EEO-1 Pay Data Collection (US)

As we previously reported here, on March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, finding that the OMB failed to demonstrate good cause for the stay.  The order left many … Continue Reading

Can An Employer’s Disclosure Of An Employee’s Lawsuit In A Required SEC Disclosure Constitute Prohibited Retaliation? (US)

If you’re a fan of unusual employment law cases, the saga between SigmaTron International, Inc. and its former employee, Maria Gracia, has been the gift that keeps on giving for the past eight years.  Four years after filing her first lawsuit against SigmaTron (in which she eventually won over $300,000), Ms. Gracia sued her former … Continue Reading

Federal Judge Reinstates EEO-1 Pay Data Collection Requirement – Impact on Employers Still Unclear (US)

On March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, holding that the OMB failed to demonstrate good cause for the stay. As we previously reported here, in 2016, the U.S. … Continue Reading

US Supreme Court to Reconsider Key Agency Deference Standard

Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) authored the post below addressing the US Supreme Court’s upcoming decision in Kisor v. Wilkie, which will address the Auer standard of deference that is applied by the courts to administrative agencies’ interpretations of their regulations.  Although Kisor involves the Department of … Continue Reading

Two Recent Decisions Highlight Procedural Pitfalls in Employment Litigation (US)

Would-be plaintiffs in two employment decisions – one from the Fifth Circuit, one from the Ninth Circuit – were recently reminded that, no matter how solid the facts of their case, they can still lose on a technicality. The first case, Lee v. Venetian Casino Resort, LLC, considered whether a plaintiff’s Title VII claim was … Continue Reading

Snooping Employee Dooms Her Title VII Claims By Unauthorized Disclosure of Personnel Files (US)

On November 15, 2018, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held in Netter v. Barnes that an employee did not engage in “opposition or participation” activity protected by Title VII of the Civil Rights Act of 1964 when she reviewed and duplicated confidential personnel files without authorization.  … Continue Reading

Unanimous Supreme Court:  ADEA Applies to All State Employers, Regardless of Size

In its first opinion of the 2018 term, the U.S. Supreme Court held in Mount Lemmon Fire Dist. v. Guido, No. 17-587, slip op. at 1-7 (November 6, 2018) that the Age Discrimination in Employment Act (“ADEA”) applies to all political subdivisions of states, regardless of size, rejecting an argument that the 20-employee jurisdictional threshold … Continue Reading

Title VII Bars Sexual Orientation Discrimination, Says Second Circuit Court of Appeals (US)

Last spring, we reported that the Seventh Circuit Court of Appeals (which hears appeals from Illinois, Indiana, and Wisconsin federal trial courts) had become the first federal appellate court to conclude that Title VII’s sex discrimination prohibition also precludes discrimination based on sexual orientation. On February 26, 2018, the Second Circuit Court of Appeals, ruling … Continue Reading

U.S. EEOC Announces Four-Year Strategic Plan

On February 12, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) for FY2018 – FY2022 (SEP).   Congress requires federal administrative agencies such as the EEOC to develop strategic plans every four years and publish their plans on their website.  The EEOC’s plan serves as a framework for the agency in … Continue Reading
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