By Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies
Continue Reading EEOC and DOL Join Forces – What the Alliance Means for Employers
By Christopher DeGroff, James Nasiri, and Rachel See
Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives over the coming years, and also sets forth various performance metrics under which its activities will be measured. Particularly notable
Continue Reading EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC ProcessesBy: Andrew Scroggins and James Nasiri
Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the experiences of the American workforce and how individuals feel they have been treated over the past year. In FY 2022, the
Continue Reading Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges
About the Program: With the second quarter well underway, it’s a good time to dive deeper into the problems, risks, and legal developments that can impact the overall health of your organization for years to come. The evolving legal complexities affect all businesses, so every employer should periodically examine their employment practices so they can rest easier at night!
Please
Continue Reading Q2 Wellness Check Up: Identifying Problems Before They Become Problems
By Adam Rongo and Erin Dougherty Foley
Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview instructor for a tenure-track position.
On May 5, 2023, U.S. District Judge for the Eastern District of Michigan George Caram Steeh denied Delta College’s
Continue Reading A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial
By Annette Tyman and Andrew L. Scroggins
Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 (“TA”). The
Continue Reading EEOC Issues Technical Assistance Guidance On The Use Of Advanced Technology Tools, Including Artificial Intelligence
By Linda C. Schoonmaker and Elizabeth L. Humphrey
Seyfarth Synopsis: Hospitals spend copious amounts of time developing hiring systems to ensure that the most-qualified applicants are selected for jobs in the healthcare field. The lives of millions of Americans depend on a hospital’s ability to provide access to knowledgeable healthcare providers, which ensures excellence in patient care. EEOC v. Methodist
Continue Reading Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth Circuit Says
By Christopher Kelleher, Adam Rongo, and Christopher DeGroff
Seyfarth Synopsis: The EEOC has released technical assistance on preventing workplace harassment in the federal sector. While the guidance does not specifically apply to private employers, it provides important lessons for employers when dealing with workplace harassment and avoiding liability in employment litigation, and insight into how the EEOC views
Continue Reading Government Heal Thyself – Lessons for Private Employers Revealed in EEOC Public Sector Harassment Guidance
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo
Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”
By Seyfarth Global Privacy & Security Team
Seyfarth Synopsis: It’s been no doubt a week of mixed emotions at the California Privacy Protection Agency (“CPPA”) which last week had its final CCPA regulations (“Regulations”) approved and filed with the California Secretary of State by the Office of Administrative Law. The final regulations have been stated to be “effective immediately”.
Continue Reading CCPA Regulations Are Here – We Think