Tag: Equal Employment Opportunity Commission (EEOC)

Long wait for Dodd-Frank standards turns out to be much ado about nothing

by H. Mark Adams “Much ado about nothing” is just one literary turn of phrase that comes to mind when considering the initial uproar over Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the long wait for its implementing regulations. Here’s some background to add some perspective to that observation.  […]

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Employers may be liable for transgender discrimination

by Ryan B. Frazier The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now […]

Supreme Court rules against Abercrombie & Fitch in headscarf lawsuit

by Charles S. Plumb On Monday, June 1, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa store. In some ways, the Supreme Court’s decision may have the unintended result […]

EEOC releases FY 2014 enforcement stats

by Christopher J. Pyles According to newly released statistics from the Equal Employment Opportunity Commission (EEOC), the state in which the most administrative charges were filed in fiscal year (FY) 2014 was Texas, which had more than 8,000. Where did your state rank?  Discrimination by the numbers In February, the EEOC released enforcement and litigation […]

Return-to-work woes: EEOC challenges medical release requests under ADA, GINA

by Geoffrey D. Rieder In a lawsuit filed in September, the Equal Employment Opportunity Commission (EEOC) alleges that a Minnesota-based power company violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by requiring an employee returning from medical leave to execute overbroad medical release forms for a fitness-for-duty medical examination. […]

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EEOC brings first lawsuits alleging transgender discrimination

by Arielle B. Sepulveda On September 25, 2014, the Equal Employment Opportunity Commission (EEOC) filed two lawsuits, the first actions by the agency in which it has alleged that discharging an employee because she is transgender constitutes discrimination on the basis of sex and therefore violates Title VII of the Civil Rights Act of 1964. […]

EEOC issues updated enforcement guidance on pregnancy discrimination

by Kevin McCormick On July 14, the Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” This is the first comprehensive update the EEOC has provided on the subject since 1983. The guidance supersedes the earlier EEOC publication and incorporates significant developments in the law during the past 30 […]

EEOC to update guidance on English-only policies?

by Amanda Shelby Chief among the Equal Employment Opportunity Commission’s (EEOC) current priorities are (1) eliminating barriers in recruitment and hiring and (2) protecting immigrant, migrant, and other vulnerable workers. It therefore should come as no surprise that the EEOC might be setting its sights on revising its guidance relating to English-only policies since those […]

Can I ask that question on a job application?

by Toni Everton An increasing number of unsuccessful job applicants are filing discrimination charges, and the Equal Employment Opportunity Commission (EEOC) and state enforcement agencies are taking a close look at job applications for evidence of unlawful bias. So the question is, what can you ask on a job application? This article doesn’t contain an […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]