EEOC

The NLRB Issues a New Joint Employer Rule Providing that Indirect and/or Reserved Control of Essential Employment Terms is Sufficient to Establish a Joint-Employer Relationship

By Seyfarth Shaw LLP on October 27, 2023

Posted in EEOC, Employment, Equal Employment Opportunity Commission, Workplace Policies and Processes

Seyfarth Synopsis: On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the Rule draws its essence from the Board’s previous joint-employer doctrine, in which the Board held that an entity…

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

By Seyfarth Shaw LLP on October 11, 2023

Posted in EEOC, Equal Employment Opportunity Commission, Harassment

By Emily J. Miller and Rachel V. See

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal Register. Employers should pay attention because the draft enforcement guidance sets forth the standards to which the EEOC will seek to…

EEOC Litigation in Overdrive: Deciphering the EEOC’s FY2023 Case Filing Spike

By Seyfarth Shaw LLP on October 2, 2023

Posted in EEOC

By Christopher J. DeGroff, Andrew L. Scroggins, and James P. Nasiri

Seyfarth Synopsis: Following the EEOC’s aggressive litigation posture in the Obama-era, the Commission’s federal case filings has been markedly sluggish, at least in part because of transitions in leadership. Seyfarth forecasted changes were imminent in FY 2023, with the EEOC’s hefty budget increase and a likely…

Behind the EEOC Curtain: EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By Seyfarth Shaw LLP on September 22, 2023

Posted in Discrimination, EEOC, Harassment, Strategic Enforcement Plan

By Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its…

EEOC and DOL Join Forces – What the Alliance Means for Employers

By Seyfarth Shaw LLP on September 19, 2023

Posted in DOL Enforcement, EEOC, Equal Employment Opportunity Commission

By Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins

Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies…

EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

By Seyfarth Shaw LLP on August 24, 2023

Posted in EEOC, Litigation

By Christopher DeGroff, James Nasiri, and Rachel See

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives over the coming years, and also sets forth various performance metrics under which its activities will be measured. Particularly notable…

Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges

By Seyfarth Shaw LLP on July 19, 2023

Posted in EEOC, Employment

By: Andrew Scroggins and James Nasiri

Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the experiences of the American workforce and how individuals feel they have been treated over the past year. In FY 2022, the…

The Fifth Circuit Recognizes a “Super Statute” for Religious For-Profit Employers

By Seyfarth Shaw LLP, Julia Tape & Linda C. Schoonmaker on July 17, 2023

Posted in Discrimination, Religion, Religious Accommodations

Seyfarth Synopsis: In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the Fifth Circuit endorsed for-profit employers integrating their religious beliefs into their employment policies to apply the Religious Freedom Restoration Act of 1993 (RFRA) as a shield from complying with the prohibitions against sex discrimination under Title VII of the Civil Rights Act of 1964. This endorsement was…

Q2 Wellness Check Up: Identifying Problems Before They Become Problems

By Seyfarth Shaw LLP on June 1, 2023

Posted in EEOC, Workplace Policies and Processes

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!

Please…

A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

By Seyfarth Shaw LLP on May 24, 2023

Posted in EEOC, Equal Employment Opportunity Commission, tenure track

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…

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