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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

President Obama Announces Further Efforts To Combat Gender Pay Inequality

A little-known (or perhaps forgotten) fact is that the very first bill President Obama signed into law was an employment law:  the Lilly Ledbetter Fair Pay Act of 2009.  This law unwound the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., and was intended to make it easier for employees to … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 2 of 2)

As promised in our previous post, today we conclude our predictions on President Obama’s 2016 executive activity.  While we believe the President’s final executive orders will target immigration and perhaps even corporate political expenditures, we predict executive agency action will cover a broad range of pressing labor and employment issues.  With federal legislative gridlock expected … Continue Reading

U.S. Supreme Court to Weigh in on Attorneys’ Fees In Title VII Cases

On December 4, the Supreme Court agreed to hear CRST Van Expedited, Inc. v. EEOC, a case which will have a significant impact on the availability of attorneys’ fees in cases brought by the EEOC, and perhaps more broadly.  The Court will consider whether attorneys’ fees may be awarded to a successful defendant when a court … Continue Reading

U.S. Equal Employment Opportunity Commission Rules That Sexual Orientation Discrimination Violates Title VII of the 1964 Civil Rights Act

    In a potentially groundbreaking decision that increases legal protections throughout the U.S. for lesbian, gay and bisexual employees, the Equal Employment Opportunity Commission (EEOC) ruled on June 15, 2015, that existing civil rights law bars sexual orientation-based employment discrimination.  The EEOC addressed the question of whether the ban on sex discrimination in Title VII … Continue Reading

Supreme Court Rules EEOC Conciliation Efforts Are Subject to Oversight

On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading

Sixth Circuit clarifies: Demanding a supervisor cease harassment is a protected activity

On April 22, the Sixth Circuit Court of Appeals issued a decision that clarifies that, for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct constitutes protected activity under the statute. Affirming the findings of several district courts in the circuit, the appeals court held that … Continue Reading

EEOC Proposes Amendments to ADA Regulations Relating To Employer Wellness Programs

The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs.  These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period.  The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading

Federal Appeals Court says No ADA Violation In Denying Worker’s Request to Telecommute

From Lauren Kuley via Squire Patton Boggs’ Sixth Circuit Appellate Blog: On April 10, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees.  In EEOC v. Ford Motor Co., a divided en banc Sixth Circuit affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity … Continue Reading

U.S. Supreme Court Revises Test For Pregnancy-Based Discrimination

Court Revives 2008 Pregnancy Bias Suit by Former UPS Employee Who Was Denied Light Duty Work Accommodation On March 25th, the United States Supreme Court vacated a lower court’s ruling in favor of United Parcel Service, Inc. (UPS) against a former delivery truck driver, Peggy Young, who claimed, among other things, that she was discriminated … Continue Reading

EEOC Begins Process to Regulate Employer-Sponsored Wellness Programs

Many employers offer wellness programs to employees—such as providing rewards to employees for participating in health and wellness programs (e.g., weight loss, smoking cessation) and achieving particular results, or penalizing employees for declining to participate in such programs in the form of higher insurance premiums—as a way to encourage healthier, more productive workforces while reining … Continue Reading
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