By Oluwafunmito (“Funto”) P. Seton and Linda Schoonmaker

Seyfarth Synopsis: In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible for damages as opposed to just equitable

By Matthew J. Gagnon, Christopher J. DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis: With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,” with

By Paul Kehoe and Larry Lorber

Last month, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here).  This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives

By: Paul H. Kehoe and Lawrence Lorber

EEOC-logo2-150x150Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans with Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient

As you may remember, our colleague Paul Kehoe has written recently about wellness plans on the Employment Law Lookout, here and here.

Today, Paul testified before Congress on this very topic. The hearing was scheduled to begin at 10:00 a.m. ET. More details on the hearing can be found here. Paul’s written testimony

By: Paul H. Kehoe

On March 2, 2015, U.S. Senate Committee on Health, Education, Labor & Pensions Chairman Lamar Alexander (R-Tenn.) and U.S. House of Representatives Education and the Workforce Committee Chairman John Kline (R-Minn.) introduced companion bills entitled “Preserving Employee Wellness Programs Act.” The legislation, found here, was cosponsored Sens. Mike Enzi (R-Wyo.),

By Pamela Quigley Devata, Paul Kehoe, and Craig B. Simonsen

The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just announced two short guides on employment background checks: Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know.  The documents were

By Clark Smith

Back in September, we blogged about the EEOC’s recent enforcement of the Genetic Information Nondiscrimination Act.  GINA prohibits employers from requesting genetic information from applicants or employees, and from making employment decisions based on the genetic information.  In May 2013, the Commission settled its first GINA‑based action against a Tulsa fabric manufacturer,

By Christopher DeGroff, Gerald L. Maatman, Jr., and Lily M. Strumwasser

“Here we go again.” It is the collective groan heard from employers across the country as they braced for the annual EEOC’s fiscal-year-end filing campaign. With 48 EEOC-initiated lawsuits filed in just the last 30 days, employers were understandably concerned. But when the EEOC’s 2013 fiscal year closed yesterday with a total of 134 lawsuits filed, and the dust settled, we saw a picture emerge about how the EEOC targeted employers in its enforcement efforts this year, and gain insight into what’s to come.

A Last Minute Rush – Again

The EEOC traditionally launches large salvos of federal court complaints across the country in the waning weeks of its fiscal year (ending September 30th). In FY 2011, the EEOC filed an astonishing 175 lawsuits in the last eight weeks of its 2011 fiscal year alone. As we reported here last year, the EEOC again revved its engine in August and September of 2012 and filed 67 of its 122 lawsuits. FY 2013 was no different, with 48 of its 134 filed in the last two months of the year – 11 today alone. Consider the graph below, capturing the month-to-month filing statistics for FY 2013.

EEOC Cases Filed By Month – FY 2013


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