Seyfarth Synopsis: Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with Senator Chuck Schumer to guide the statutory
Continue Reading Regulation of AI – the Path Ahead
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 Darien C. Harris, Dawn Reddy Solowey, and Lynn A. Kappelman
Seyfarth Synopsis: A Third Circuit ruling against a former United States Postal Service employee’s Title VII religious discrimination claim is under review at the Supreme Court in Groff v. DeJoy. Petitioner’s brief urged the Court to overturn decades of precedent established by the seminal case, Trans
Continue Reading Arguments for SCOTUS to Preserve and Clarify Hardison now in Play as the U.S. Postal Service and its Amici Supporters Fire Back
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
By Linda C. Schoonmaker and Darien C. Harris
Seyfarth Synopsis: The Dallas County Sheriff’s Department gives its detention officers two days off per week. Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days off during the weekend. Sometime in April 2019, the Sheriff’s Department enacted a scheduling policy that
Continue Reading The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim. What Will That Mean For Employers?
By David Rowland and Sarah Bauman
Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against the EEOC at the motion to dismiss stage, with two exceptions. Most notably, the EEOC was permitted to pursue
Continue Reading Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary JudgmentBy Sam Schwartz-Fenwick and Adam J. Rongo
Seyfarth Synopsis: The EEOC published guidance to provide clarity on its interpretation of Title VII protections for LGBTQ+ employees in the wake of the landmark case Bostock v. Clayton County, GA. A recent decision by a federal district court in Texas rejected the EEOC’s interpretation and resulting policies.
On June 15
Continue Reading What Does Bostock Mean? Texas Judge Tosses EEOC Guidance Interpreting the Landmark Title VII Ruling that Protects LGBTQ+ Employees