News & Analysis as of

Job Promotions Equal Employment Opportunity Commission (EEOC) Discrimination

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Fermilab For Retaliation

Fermilab Denied Promotion to Female Engineer After She Complained About Sex-Based Discrimination, Federal Agency Charges - CHICAGO - Fermi National Accelerator Laboratory ("Fermilab") violated civil rights law by failing...more

Seyfarth Shaw LLP

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

U.S. Equal Employment Opportunity Commission...

Country Fresh to Pay $84,750 to Settle EEOC Sex Discrimination Suit

Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more

Seyfarth Shaw LLP

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

Littler

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

Littler on

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

FordHarrison

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

FordHarrison on

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Parker Poe Adams & Bernstein LLP

Supervisor’s Remarks May Constitute Direct Evidence of Discriminatory Bias

On September 2, 2016, the United States District Court for the District of Maryland (which sits in the Fourth Circuit, along with North Carolina and South Carolina) held that the EEOC can move forward in its case against a...more

FordHarrison

Failure to Promote Employee on Maternity Leave Results in Litigation

FordHarrison on

When the Pregnancy Discrimination Act (PDA) was enacted in 1978, employers were clearly put on notice that they are forbidden from discriminating on the basis of pregnancy. Unfortunately, charges of pregnancy discrimination...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

Zelle LLP on

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Proskauer - Law and the Workplace

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

Zelle  LLP

That is SO last week - July 2015 #3

Zelle LLP on

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

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