By Christopher KelleherRachel SeeChristopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By Rachel V. SeeChristopher 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 DeGroffJames 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 Processes

By: 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 KelleherAdam 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 HeckerAdam R. YoungPatrick D. JoyceJames 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”