By Steve Shardonofsky and Alex S. Oxyer

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently reversed summary judgment in favor of an employer on failure to promote claims, finding that the apparent preselection of a candidate prior to the interview process cast doubt on the selection criteria and the purported reason(s) the plaintiff was not hired. The case —
Continue Reading Employers and Hiring Managers Beware: The Sixth Circuit Reminds Us That Preselection Decisions May Cast Doubt On Hiring Process and Selection Criteria

By Gerald L. Maatman, Jr. and Matthew Gagnon

Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The
Continue Reading EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

By Brandon L. Dixon and Erin Dougherty Foley

Seyfarth Synopsis:  The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments.  These cases can be challenging for employers to defend, and the recent Sixth Circuit case, Babb v. Maryville Anesthesiologists, P.C.
Continue Reading Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multi-million settlement with a national employer, which resolved litigation that claimed the employer’s use of criminal history had a disparate impact on minority job applicants. The announcement is a reminder to employers
Continue Reading EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

By Matthew J. Gagnon

Seyfarth Synopsis: As we look ahead to the end of the year, and Seyfarth Shaw’s annual analysis of trends and developments in EEOC litigation (see here for last year’s publication), we can begin to see how the EEOC has shaped equal pay litigation in the federal courts in 2019. For years, the Fourth Circuit has been
Continue Reading Pay Equity Litigation Update: How The EEOC Has Pursued Its Equal Pay Focus In Fiscal Year 2019

By Annette Tyman and Michael L. Childers

Seyfarth Synopsis: Last week the EEOC submitted a status report in the litigation concerning the EEO-1 Component 2 submissions for 2017 and 2018.  While employers scramble to meet the aggressive September 30th deadline imposed by the Court, the EEOC notified the Court that the portal would remain open after September 30th and that
Continue Reading Breaking News: EEOC Pay Data Collection Tool To Remain Open After September 30, 2019

By David J. Rowland and Danielle R. Rabie

Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who alleged American violated the ADA by failing to allow her to continue to work remotely
Continue Reading Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear

By Erin Dougherty Foley and Grace Nickels

Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be forfeited if a defendant waits too long to raise the objection.

On June 3, 2019, the U.S. Supreme Court resolved
Continue Reading Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

By Renate M. Walker, Lynn Kappelman and Hillary J. Massey

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. In light of the rapidly changing landscape, employers should review their policies, handbooks, and training materials for compliance at
Continue Reading The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

By Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis:  On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018.  The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several respects, including to the back-drop

Continue Reading And The Train Kept A-Rolling: EEOC’s 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move