Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work. The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing. In adding Question A.7, the EEOC … Continue Reading
The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA). While the number of filings was not disclosed, the New York … Continue Reading
Contrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice subpoenas even though only individual charges were filed against the employer. For example, eleven current and former employees, working among … Continue Reading
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, … Continue Reading
This past year has been filled with disturbing reports of alleged sexual assault and sexual harassment by prominent figures in business, politics, and even the judiciary. Not surprisingly, the number of EEOC sexual harassment filings has increased. In data published in October, the EEOC reported, that in 2018, it filed 50% more lawsuits regarding harassment … Continue Reading
Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. In October 2016, the AARP sued the Equal Employment Opportunity Commission (EEOC), arguing that the regulations interpreting the Americans With Disabilities Act and Genetic Information Nondiscrimination … Continue Reading
In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity Commission, and the consequent loss of a promotion, could constitute an adverse action sufficient to create a bona fide retaliation claim. As such, … Continue Reading
In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act of 2008 (“GINA”) by its use of pre-employment medical examinations. According to the Complaint, Con Ed required applicants to submit to pre-employment medical examinations … Continue Reading
The EEOC filed suit recently in the United Stated District Court for the Southern District of Texas alleging that an employer discriminated against non-Hispanic applicants by requiring that they be Spanish-speaking. See EEOC v. Champion Fiberglass, Inc., Civil Action No. 4:17-cv-2226. A copy of the Complaint can be viewed here. The EEOC alleges that this … Continue Reading
On March 10, 2017, the Court of Appeals for the Eleventh Circuit in Evans v. Georgia Regional Hospital held that sexual orientation discrimination is not actionable under Title VII. In Evans, the plaintiff was a security officer at Georgia Regional Hospital. During her employment, the plaintiff claimed she was discriminated on the basis of her … Continue Reading
A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an African-American male, alleged that during his employment, he was, among other things, issued disciplinary write-ups while non-African American employees were not and that the company … Continue Reading
The Equal Employment Opportunity Commission recently issued updated guidance regarding national origin discrimination for the first time since 2002. The new guidance defines national origin discrimination as “discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group.” … Continue Reading
The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA). Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading
On September 22, 2016, the Equal Employment Opportunity Commission (EEOC) announced that it settled a federal sex-based pay discrimination lawsuit with oil company Santmyer Oil operating as SOCI Petroleum, Inc. (“SOCI”) for $50,000. The EEOC had filed the lawsuit in September 2015 on behalf of Lori Bowersock alleging that the company violated the Equal Pay … Continue Reading
Addressing an unsettled evolving area of law, the U.S. District Court for the Eastern District of Michigan ruled, on August 18th , that a Michigan funeral home did not violate Title VII of the Civil Rights Act of 1964 by requiring a transgender male employee to wear a man’s suit to work. EEOC v. R.G. … Continue Reading
