Discrimination

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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…

On October 9th, the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief with the Seventh Circuit Court of Appeals in Chicago seeking reconsideration of the court’s decision to affirm the dismissal of a plaintiff’s sexual orientation discrimination/harassment claim under Title VII of the Civil Rights Act of 1964. The court had dismissed the plaintiff’s…

Following last year’s issuance by the EEOC of controversial criminal background check guidelines, the EEOC has filed a number of lawsuits attempting to enforce these guidelines.  Late last week, Judge Roger Titus, United States District Court District of Maryland, dismissed the lawsuit EEOC filed against Freeman, holding that the EEOC failed to present a prima…

The U.S. Equal Employment Opportunity Commission (EEOC) has just issued new Guidelines on employers’ use of criminal records to make employment decisions.  Despite the opposition of employer groups, its guidelines represent a significant restriction upon what the EEOC thinks employers can do, and how employers can justify to the EEOC their use of…

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s summary judgment dismissal on behalf of our client, USF Holland.  The disability discrimination case involved a truck driver who sought to switch from a city driver to a line-haul driver position based on his claim that he could not perform…

To help readers see for themselves what is in the American Jobs Act concerning employer discrimination based upon the status of applicants as unemployed, we have uploaded the provisions of the AJA as transmitted to Congress.  It is unclear if the actual bill will be introduced with that name because a Republican Member of Congress…