#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more
Company Rejected Black, Disabled, Pregnant and Older Applicants and Forced Out Office Manager Who Opposed Discrimination, Federal Agency Charged - BUFFALO, N.Y. – Staffing Solutions of WNY Inc., a Buffalo-based staffing...more
A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more
Now that many of us have been vaccinated, what should employers be doing to prepare for returning to a pre-COVID workplace? Throughout the pandemic, the federal Equal Employment Opportunity Commission (EEOC) has provided...more
Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when...more
The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more
Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more
Employers paid out a record $68.2 million to those alleging sexual harassment violations through the EEOC in 2019, shattering the all-time record by over $10 million and reminding us all that the #MeToo movement continues to...more
Rejecting the motivating factor causation standard, the U.S. Court of Appeals for the Ninth Circuit declared that the “but-for” standard of causation applies to Americans with Disabilities Act (ADA) discrimination claims....more
It just became a bit more difficult for plaintiffs within the jurisdiction of the Second Circuit Court of Appeals (which includes New York) to succeed on disability discrimination claims brought against their employers under...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
The U.S. Equal Employment Opportunity Commission (EEOC) wrapped up its fiscal year on September 30, 2018. Leading up to this close out, the EEOC filed numerous enforcement actions against large companies for various alleged...more
In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more
With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other...more
Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more
As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more
The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more
When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more