Blog

EEOC

Race Discrimination Under Section 1981 – The Lines Are Blurred
August 29, 2018
A recent case brought something to my attention that I had not focused on before.
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The EEOC Compares Harassment Prevention to Crime Prevention
June 20, 2018
I was perusing the Equal Employment Opportunity Commission’s recently released Volume 2 of its 2018 Federal Digest of Equal Employment Opportunity Law and noticed an article entitled, “Assessing Workplace Harassment Prevention Methods Through Comparisons With Similar Crime Prevention Strategies.”
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EEOC Flexes Its Muscle on Anti-Harassment Litigation
June 20, 2018
In an unusual, coordinated litigation strategy, the U.S. Equal Employment Opportunity Commission (EEOC) last week filed seven lawsuits alleging workplace harassment.
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What Is the EEOC’s Position on Post-offer/Pre-employment Medical Exams?
June 14, 2018
This week, the Equal Employment Opportunity Commission trumpeted a $4.4 million settlement in a lawsuit in which the EEOC claimed that Amsted Rail had violated the Americans with Disabilities Act by disqualifying applicants based on the results of a test for carpal tunnel syndrome.
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EEOC Releases 2017 Data
February 16, 2018
The U.S. Equal Employment Opportunity Commission (EEOC) has recently released its 2017 Enforcement and Litigation Data that can be helpful to employers looking for the bigger picture.
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No Enforcement of the EEOC’s Criminal Background Check Guidance?
February 8, 2018
My world shifted slightly last week, when a federal court in Texas ruled that the Equal Employment Opportunity Commission could not enforce its Enforcement Guidance on “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.”
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EEO-1 Report Filing on the Horizon
January 26, 2018
EEO-1 reports must be submitted to the Joint Reporting Committee by March 31, 2018. If you recall, the filing period was suspended based upon the EEOC’s efforts to require compensation analysis as part of the EEO-1 report. That has been put on hold pending more comprehensive review.
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Some Highlights from the EEOC’s Latest Strategic Plan
December 28, 2017
On December 8, the Equal Employment Opportunity Commission (“EEOC”) has released its draft strategic plan for public notice and comment.  Not to be confused with the revised Strategic Enforcement Plan published in September—which outlined substantive priorities for investigation and litigation—the strategic plan is akin to a company’s operational plan.
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Be Careful Asking About Employees’ (Non)Prescription Drug Use
December 14, 2017
The ADA limits an employer’s ability to make medical inquiries to those that are job-related and consistent with business necessity.
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EEOC Sues 71 Employers In September
October 27, 2017
FY 2017 (Sept. 30) ended with the EEOC filing 71 lawsuits, the highest number in any one month we have ever reported. Thirty of those lawsuits alleged ADA violations and five alleged pregnancy discrimination. Thus, virtually half of all lawsuits alleged discrimination based on medical conditions.
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Employers are Optimistic About Pro-Business Changes at the EEOC
October 26, 2017
Employers are hopeful that, with the confirmation of President Trump’s nominees for the Equal Employment Opportunity Commission, the agency will adopt a more business-friendly approach to the issues before it.
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The EEOC’s Civility Training Program – Watch Out For That NLRB Charge!
October 12, 2017
Last week, the Equal Employment Opportunity Commission (EEOC) announced it was offering a training program on respectful workplaces as an alternative to traditional harassment prevention training.
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Tweets Follow

Oct 18

Texas Court of Appeals Reverses Dismissal on Plea to Jurisdiction in Former Policeman’s Whistleblower Suit: https://t.co/CRyDReFJ5n

Oct 18

New @SHRM Court Report: FMLA Retaliation Claim Survives: https://t.co/keftzRAKzY

Oct 17

New @SHRM Court Report: History of Approved Leave Will Bear on Reasonableness of Future Request: https://t.co/1l6QQ6MH64