By Christopher J. DeGroffAndrew L. ScrogginsSamantha BrooksJames P. Nasiri and Ridhima Bhalla

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its Democratic majority and had a notably

Continue Reading EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

By Karla Grossenbacher and  Martha Gates

Seyfarth Synopsis: The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that employers must navigate when responding to pregnancy-related requests for accommodation.

The Pregnant Workers Fairness Act added more protections for

Continue Reading EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

By Jennifer L. Mora

Seyfarth Synopsis:  On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amended Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1829 (FDIA), to reduce hiring barriers across the financial services sector. As a result of this “Fair

Continue Reading FDIC’s New Regulations Align with the Fair Hiring in Banking Act’s Amendments to Section 19 of the Federal Deposit Insurance Act

AuthorsChristopher J. DeGroffAndrew L. ScrogginsSamantha BrooksJames P. Nasiri and Ridhima Bhalla

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its Democratic majority and had a

Continue Reading EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

By Dawn M. Lurie

Seyfarth Synopsis: Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This intersection is shaped by key players such as the Department of Justice’s Immigrant and Employee Rights (IER) Section and the Equal Employment Opportunity Commission (EEOC). Recent

Continue Reading Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

Posted in EEOC Litigation

By: Anthony LaPlacaDawn SoloweyAndrew Scroggins & Adrienne Lee

Seyfarth Synopsis:  In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC.  We predicted that the EEOC has “put the construction industry squarely in its sights.”[1] In this follow-up Alert, we

Continue Reading What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

By Rachel V. See

Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant contributions to discussions on artificial intelligence in employment, establishing him as a leading authority on the subject. His departure leaves the EEOC with a

Continue Reading Commissioner Sonderling to Depart from EEOC in August 2024

By Matthew J. Gagnon

Seyfarth Synopsis: Government agencies and private plaintiffs’ counsel alike send a clear message: employers must take pay equity seriously. One way employers can address this message is by considering periodic audits of their pay practices and/or investigations of any unexplainable pay gaps or irregularities. Employers are often concerned about how those audits and investigations could be

Continue Reading Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

By Ryan M. Gilchrist and Meghan A. Douris

Seyfarth Synopsis: On June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984), which, for the past 40 years, had afforded federal administrative agencies deference

Continue Reading The End of Chevron Creates Uncertainty for the AbilityOne Program

By Christopher Kelleher and Andrew Scroggins

Seyfarth Synopsis. The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024 that the EEOC had put the construction industry squarely in its sights. The guidance is important for construction-industry leaders and employers to

Continue Reading EEOC ISSUES ANTI-HARASSMENT GUIDANCE TO CONSTRUCTION-INDUSTRY EMPLOYERS