Tag Archives: EEOC

U.S. Supreme Court Holds That District Courts’ Decisions to Enforce or Quash EEOC Subpoenas Are to Be Reviewed Under Deferential Abuse of Discretion Standard

The United States Supreme Court recently resolved a Circuit Court split on the appropriate standard of review of a District Court’s decision whether to enforce a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”).  In McLane Co., Inc. v. Equal Employment Opportunity Commission, No. 15-1248, 581 U.S. __ (April 3, 2017), the Court held … Continue Reading

Acting EEOC Chair Provides Insight Into Agency’s Future

Hunton & Williams recently published an entry on its Retail Law Resource Blog regarding what employers can expect from Victoria Lipnic, the new acting chair of the Equal Employment Opportunity Commission (“EEOC”) and an EEOC Commissioner since 2010. Since that publication, Lipnic has made public comments as to what she envisions from the EEOC under her leadership. … Continue Reading

National Origin Discrimination: New Guidance From The EEOC

On November 21, 2016, the EEOC announced the release of new enforcement guidance addressing national origin discrimination. Like many enforcement initiatives of late, the update is intended to address current cultural issues and legal developments. It updates an EEOC compliance manual section from 2002 (Volume II, Section 13: National Origin Discrimination). For employers who have been following court decisions in this area, the guidance may not convey much new information. But, it makes clear the agency’s position in a number of areas that may continue to present workplace challenges under Donald Trump’s administration. … Continue Reading

Eleventh Circuit Rejects EEOC’s Claim that Employer’s Race-Neutral Policy of Prohibiting Dreadlocks Violates Title VII

Enforcing a race-neutral grooming policy that prohibits employees from wearing dreadlocks is not intentional racial discrimination under Title VII. That is what the Eleventh Circuit recently held in Equal Employment Opportunity Commission v. Catastrophe Management Solutions, --- F.3d ---, No. 14-13482, 2016 WL 4916851 (11th Cir. Sept. 15, 2016). … Continue Reading

Federal Government Seeks to Raise Awareness Regarding Religious Discrimination in the Workplace

Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.… Continue Reading

EEOC Issues Sample Notice for Employers Offering Wellness Programs

We have written on several occasions about the Equal Employment Opportunity Commission’s (“EEOC”) proposed rules on wellness programs, and the extent to which employer-sponsored wellness plans must comply with the Americans with Disabilities Act. The new rules were finalized in May 2016 and state that employers may offer limited financial and other incentives to employees to participate in wellness programs. … Continue Reading

Fifth Circuit Approves Texas’s Suit Against EEOC Over Guidance On State “No-Felon” Hiring Policies

The Fifth Circuit held recently that the State of Texas had standing to sue the Equal Employment Opportunity Commission (“EEOC”) over the Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (the “Guidance”) issued in April 2012, which warned employers that blanket policies against hiring felons could disproportionately exclude minorities and thus be deemed discriminatory.… Continue Reading

EEOC Brings First Sexual Orientation Discrimination Lawsuits

On March 1, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) sued employers for the first time for sexual orientation discrimination. The EEOC filed lawsuits in federal courts in Pittsburgh and Baltimore against manufacturing and health care employers for unlawful sex discrimination on behalf of employees alleging they were harassed and discriminated against based on their sexual orientation.… Continue Reading

EEOC’s New Policy – Employer’s Position Statement Shown to Employee

The Equal Employment Opportunity Commission (“EEOC”) has implemented nationwide procedures which require all EEOC offices to release copies of an Employer's entire position statement, together with all non-confidential documents submitted in support of the position statement, to an Employee who has filed a discrimination charge, or his or her representative (including attorneys). … Continue Reading

EEOC 2015 Litigation Statistics – Retaliation Claims Lead Pack

In February of 2016, the Equal Employment Opportunity Commission (“EEOC”) released detailed information and statistics summarizing the charges of discrimination that the agency received throughout its 2015 fiscal year. The recently released report provides helpful information regarding the types of charges that employees filed in the 2015 fiscal year, which ran from October 1, 2014 to September 20, 2015.… Continue Reading

EEOC Seeks to Expand Retaliation Claims in Proposed Enforcement Guidance – Public Input Sought

On January 21, 2016, the EEOC announced that it will seek public input on proposed enforcement guidance addressing retaliation and related issues under federal employment discrimination laws. The EEOC issued its last guidance update on the subject of retaliation in 1998. The EEOC’s 73 page draft guidance is available for review and the 30-day input period ends on February 24, 2016. … Continue Reading

Update on EEOC’s Proposed EEO-1 Regulation

As previously reported, the EEOC announced on January 29, 2016 its proposal to require businesses with 100 or more employees to annually turn over pay data by gender, race and ethnicity.   The public has until April 1, 2016 to submit comments on the proposal.  Both the Retail Industry Leaders Association (RILA) and the U.S. … Continue Reading

The EEOC Plans To Gather Pay Data

The Equal Employment Opportunity Commission announced on January 29, 2016 its proposed revision to the Employer Information Report (EEO-1) that would obligate businesses with 100 or more employees to annually turn over pay data by gender, race and ethnicity. Although employers will not have to divulge specific pay rate information for individual employees, they would have to report pay bands across 10 different job categories.… Continue Reading

District Court Finds In Mach Mining That The EEOC Did Not Fail To Conciliate

We previously reported on the U.S. Supreme Court’s decision in Mach Mining, LLC v. EEOC, 135 S.Ct. 1645 (2015), wherein the Court held that a court may review the EEOC’s conciliation efforts. On remand, the EEOC renewed its motion for partial summary judgment on Mach Mining’s failure to conciliate affirmative defense. On January 19, 2016, the U.S. District Court for the Southern District of Illinois granted the motion, finding that the Supreme Court had expressly rejected Mach Mining’s position that it is entitled to receive demand calculations and additional information during the conciliation process. EEOC v. Mach Mining, LLC, No. 11-cv-00879, 2016 BL 13454 (Jan. 19, 2016).… Continue Reading

You’re Invited: Systemic Discrimination Under the EEOC and OFCCP

The Department of Labor is increasingly focused on identifying and pursuing claims of systemic discrimination, both in EEOC charge investigations and OFCCP audits. In this type of claim, the government challenges a policy or practice that (allegedly) disadvantages an entire group of protected employees. These claims are dangerous for employers because they can cover hundreds of work locations and thousands of employees. Employers often unwittingly set themselves up for these claims, by failing to recognize the implications of a seemingly routine information request.… Continue Reading

EEOC Rules Title VII Prohibits Sexual Orientation Discrimination

In its recent decision in David Baldwin v. Dep’t of Transportation, EEOC Appeal No. 0120133080 (July 15, 2015), the EEOC ruled that discrimination based on sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, despite the fact that Title VII does not explicitly include sexual orientation or gender identity in its list of protected bases.… Continue Reading

Supreme Court Holds That Employers Can Violate Title VII’s Religious Discrimination Provisions, Even Where Applicants Have Not Disclosed Need for Accommodation

The Supreme Court recently held in EEOC v. Abercrombie & Fitch Stores, Inc. that Title VII prohibits a prospective employer from refusing to hire an applicant in order to avoid accommodating a religious practice that it could accommodate without undue hardship, even where the applicant has not informed the employer of his need for an accommodation.… Continue Reading

The United States Supreme Court’s Decision in Perez v. Mortgage Bankers Association and its Potential Impacts on Federal Agencies’ Rulemaking Authority

Federal agencies need not go through the formal and drawn-out "notice-and-comment" process when altering an interpretation of a regulation. In a unanimous decision, the Supreme Court in Perez v. Mortgage Bankers Association stated that the Administrative Procedure Act (the "APA") does not mandate notice-and-comment rulemaking for interpretive rules.… Continue Reading
LexBlog