imagesBefore the expiration of the extended deadline last week, the U.S. Equal Employment Opportunity Commission received over 100 comments to its proposed Enforcement Guidance (“Proposed Guidance”) on workplace harassment. The revised guidance is the first revision to the EEOC’s workplace harassment guidance since the 1990s and the result of the July 2016 report by the

President Donald Trump has nominated Tenth Circuit Court of Appeals Judge Neil Gorsuch to fill the U.S. Supreme Court vacancy caused by the death of Justice Antonin Scalia nearly one year ago. Known for his classical constructionist approach, Gorsuch is expected to restore the ideological balance that existed before Justice Scalia’s passing, with four conservatives,

Workplace AccommodationOn Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of

On October 28, 2016, the Supreme Court of the United States said that it would decide whether the Obama Administration’s interpretation of Title IX as requiring schools to allow students to utilize restrooms that correspond to their gender identities is proper. The case of Gloucester County School Board v. GG, involves the claims of a

The Equal Employment Opportunity Commission (EEOC) is working to check off another initiative from its Strategic Enforcement Plan, having released for public comment an updated draft of its “Enforcement Guidance on National Origin Discrimination.” The enforcement guidance frames out the agency’s policy for addressing national origin claims under Title VII of the Civil Right Act

On January 29, 2016, the Equal Employment Opportunity Commission (“EEOC”) published a proposed revision to the Employer Information Report (EEO-1). The proposed revision to the EEO-1 would require employers to report data on the EEO-1 regarding their employees’ W-2 earnings and hours worked.

Currently, employers report on the EEO-1 their employees’ race, ethnicity and sex

On January 21, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued proposed enforcement guidance concerning retaliation claims. This guidance is intended to replace the 1998 Compliance Manual on Retaliation, and, not surprisingly, the guidance takes a broader view than many of the cases that have been decided since then.

The guidance makes clear that the

The U.S. Supreme Court’s June 1, 2015 decision in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. __ (2015), signals to employers that employment decisions based upon neutral policies may run afoul of Title VII, where the policy’s application limits an individual’s religious beliefs or practices. Such is the case even when the individual

Last week, the United States Supreme Court issued a decision making it easier for pregnant employees to succeed on claims of discrimination based on an employer’s denial of workplace accommodations. In Young v. UPS, the Court held that a plaintiff’s claim of pregnancy discrimination may proceed to the jury by “providing sufficient evidence that