Title VII requires an employer to reasonably accommodate an employee's religious beliefs and practices unless doing so would cause an "undue hardship." SCOTUS delimited the boundaries of "undue hardship" in this context some...more
6/30/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimis Claims ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship
The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more
Thursday the EEOC took the extraordinary step of limiting its own jurisdiction. Section 707 of Title VII empowers the EEOC to bring “pattern and practice” lawsuits to challenge an employer’s “resistance” to the rights...more
The U.S. Supreme Court ruled today that a plaintiff’s failure to properly perfect an EEOC charge is a “prudential” defense to a Title VII claim, which may be waived by the employer’s failure to promptly raise the defense in...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits.
Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice...more
9/14/2017
/ Civil Rights Act ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Retaliation ,
Right to Sue Letter ,
Title VII
Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more
6/29/2016
/ Appeals ,
Article III ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Imminent Harm ,
Legitimate State Interest ,
Regulatory Burden ,
Standing ,
Title VII
Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s...more
This morning, the Supreme Court dodged the final resolution of an issue we have all been dying to have resolved, but threw a nice bone to employers in the process. CRST Van Expedited, Inc. v. EEOC The case started when the...more
Adam Sandler fans will recall his Oscar-worthy starring role in the movie “The Waterboy,” in which he played a habitually-bullied waterboy for a college football team. Sandler played the part with an extremely pronounced...more
The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more
6/30/2015
/ Abercrombie & Fitch ,
Dress Codes ,
EEOC v Abercrombie ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
SCOTUS ,
Title VII
Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more
A federal court of appeals recently broke ranks with other federal appellate courts, holding that the EEOC’s failure to obey its statutory duty to conciliate before filing a lawsuit does not serve as a defense to the lawsuit....more