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”

By Darien C. HarrisDawn 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 DeGroffAndrew ScrogginsSarah 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 Judgment

By 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

By Christopher J. DeGroffSarah K. Bauman, and James P. Nasiri

Seyfarth Synopsis: Last year was one of change and recovery for the EEOC as a result of the pandemic and new leadership.  With the new leadership regime and structural changes at the EEOC came an uptick in filings from FY 2021, with nearly half of those

Continue Reading EEOC Fiscal Year-End Filings Eerily Quiet: Litigation Fizzle Or Calm Before The Storm?

By Samantha L. BrooksKarla Grossenbacher, and A. Scott Hecker

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information.  Employers continue to face these
Continue Reading In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As Employers Return Employees To The Workplace