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!
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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
By Christopher DeGroff, Andrew Scroggins, Sarah Bauman, and James Nasiri
Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic Plan for FYs 2018-2022. A close read of the APR
Continue Reading EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance Report
By Meghan A. Douris and Andrew L. Scroggins
Seyfarth Synopsis: On January 10, 2023, the Equal Employment Opportunity Commission (EEOC) released for public comment its draft 2023-2027 Strategic Enforcement Plan (“SEP”)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s prior Strategic Plan described how it would pursue its enforcement goals. (See our earlier blog on
Continue Reading The EEOC Targets Construction Industry For Heightened Enforcement
Seyfarth Synopsis: Seyfarth announces the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report.
It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of
Continue Reading Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOC