Tag archives: EEOC

Looking to the Horizon: Upcoming Strategy Reveal for the Equal Employment Opportunity Commission

By Kevin MacNeill and Preston Brasch on October 11, 2022 Posted in United States

On September 22, 2022, the Equal Employment Opportunity Commission (EEOC) completed the last of three public sessions it conducted to solicit input on a forthcoming Strategic Enforcement Plan (SEP). In the past, the SEP has established substantive area priorities for the EEOC and set out strategies to integrate components of the EEOC’s private, public, and … Continue reading

US: Return to work considerations for New York employers during COVID-19 pandemic

By Nandini Rao (US) and Rachel Kurth (US) on June 12, 2020 Posted in North America, United States

Businesses with operations in New York State and, particularly, in New York City, face unique obstacles with respect to reopening their businesses during the COVID-19 pandemic. With over 380,000 confirmed cases across the state, and over 200,000 confirmed cases in New York City, most New York residents have been affected by the virus in some … Continue reading

US employment law considerations for COVID-19 coronavirus

By Joseph Dole (US), Marjorie Glover (US), Nandini Rao (US) and Andrew Yeh (US) on March 6, 2020 Posted in Coronavirus, North America, United States

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) is naturally on the minds of US employers as the number of cases in the US continues to rise. Although the Centers for Disease Control is still advising that most people in the US have a low immediate risk of exposure, that could change and employers … Continue reading

UPDATE: September 30, 2019 deadline for employer pay data reporting to EEOC will cover both 2017 and 2018 pay data

By Mario Barrera (US), David Gallai (US), James Hughes and Rachel Kurth (US) on May 3, 2019 Posted in North America, United States

September 30th deadline to provide pay data to EEOC will cover both 2017 and 2018 pay data As we previously reported in our articles Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019 and New EEOC pay data deadline: September 30, 2019, following an April 25, 2019 … Continue reading

Employers with 100 or more employees must provide pay data to the EEOC by September 30, 2019

By Mario Barrera (US), David Gallai (US), James Hughes and Rachel Kurth (US) on April 29, 2019 Posted in North America, United States

September 30th deadline to provide pay data to EEOC Following an April 25, 2019 federal court ruling, employers with 100 or more employees should begin to prepare to report pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019. While there is a possibility that an appeals court could stay this … Continue reading

Title VII sexual orientation claims are gaining traction with more courts

By Stephen Romero (US) on November 9, 2016 Posted in Discrimination and harassment, United States

On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought suit on … Continue reading

“Promising practices” encouraged by EEOC to prevent retaliation

By Norlynn Price (US) on August 30, 2016 Posted in Discrimination and harassment, United States

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final “Enforcement Guidance on Retaliation and Related Issues” following a six-month public comment period. The guidance replaces the EEOC’s 1988 Compliance Manual section on retaliation. Workplace retaliation claims have been on the rise in recent years and have been the focus of several opinions of the … Continue reading

Does Title VII cover sexual orientation claims? It depends.

By Mario Barrera (US) and Stephen Romero (US) on August 16, 2016 Posted in Discrimination and harassment, United States

In July 2015, the EEOC officially took the position that sexual orientation claims may be brought under the non-discrimination provisions of Title VII of the Civil Rights Act of 1964. However, in the recent case of Hively v. Ivy Tech Community College, the Seventh Circuit refused to accept the EEOC’s position and affirmed the dismissal … Continue reading

Retaliation and whistleblower claims in healthcare expected to remain high

By Dennis Jackson (US) and Jamila Mensah (US) on May 18, 2016 Posted in United States, Whistleblowing

The number of retaliation and whistleblower claims in the US continue to rise. According to data released by the Equal Employment Opportunity Commission (EEOC), retaliation claims made up 44.5 percent of all charges filed in 2015. Also, the Occupational Safety and Health Administration (OSHA) reported a 6 percent increase in the number of whistleblower cases … Continue reading

Pregnancy discrimination: a hot topic for 2015

By Barbara D'Aquila and Margaret Rudolph (US) on February 16, 2015 Posted in Discrimination and harassment, United States

In the United States, the Federal Pregnancy Discrimination Act (“PDA”) has long forbidden an employer with fifteen or more employees from pregnancy-related discrimination. 42 U.S.C. § 2000(e) et seq. Similar laws have likewise long existed in many states and cities. See, e.g., Minn. Stat. Ch. 363A (sex includes pregnancy). But 2014 developments raised the stakes, with … Continue reading

Accommodating religious preferences of job applicants: EEOC vs. Abercrombie & Fitch goes to the US Supreme Court

By James Hughes on February 5, 2015 Posted in Discrimination and harassment, United States

Under Title VII, employers have a duty to reasonably accommodate the religious beliefs of applicants and employees, where it is not an undue hardship to do so. Similar to requirements under the Americans with Disabilities Act, this includes an obligation to engage in an interactive dialogue with the applicant or employee regarding the need for … Continue reading

Must employers separate themselves from long-used separation agreement forms?

By Jason Jordan on October 15, 2014 Posted in United States

Recently, a federal judge dismissed an action the EEOC filed against CVS Pharmacy, Inc, in which the EEOC challenged several terms in CVS’s standard separation agreement. (See Mem. Op. & Order, Equal Emp’t Opportunity Comm’n v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill. Oct. 7, 2014)). The EEOC asserted that the terms in CVS’s standard … Continue reading