Category Archives: EEOC

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Supreme Court Message – Be Wary of EEOC Subpoenas

On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”) pursuant to Title VII of the Civil Rights Act.  This ruling came in response to a Ninth Circuit decision wherein the circuit court reviewed a … Continue Reading

Leave as a Reasonable Accommodation under the ADA

In May 2016, the Equal Employment Opportunity Commission (“EEOC”) published “Employer-Provided Leave and the Americans with Disabilities Act” The EEOC published the guidance as it observed a “troubling trend:” employment policies that deny or restrict leave as a reasonable accommodation for employees with disabilities.  It has been a year since this guidance was published and … Continue Reading

New EEOC Chair Says There Will be No “Major Changes” But – the DOJ Seems to be Calling a Truce in the Transgender Battle – What Direction Are We Heading?

Are we getting a mixed message from the new administration on priorities in the civil rights area? In her first public comments since her appointment as the new acting chair of the EEOC, Victoria Lipnic just last week (February 8) said that the agency will not be making major changes and “is committed to its … Continue Reading

What’s in a “Like”?: Tips for Employers and In-House Counsel in Crafting Social Media Policies

Your colleagues are on social media.  Ninety-seven percent of online adults aged 16-64 say they have visited or used a social network within the last month.[1]  Because social media continues to grow and constantly evolves, employers need to take a proactive approach to reduce risk and exposure to litigation related to social media. In recent … Continue Reading

AARP Sues EEOC Over Wellness Program Rules

The American Association of Retired Persons (AARP), the nation’s largest consumer interest group for Americans over 50, is suing the Equal Employment Opportunity Commission (EEOC) over its new wellness program rules, which the AARP alleges violates rules protecting the confidentiality of medical information. The new rules were issued in May but do not take effect … Continue Reading

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which require employees to be vaccinated.  There are many reasons why this is a good practice, particularly for employees … Continue Reading

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination.  The case is Kimberly Hively v. Ivy Tech Community College, No. 15‐1720 (7th Cir. July 28, 2016). The 7th Circuit upheld a district court’s decision to dismiss a … Continue Reading

EEOC LGBT Cases in the News

Settlement of Sexual Orientation Case – The EEOC and a Maryland employer have settled a landmark sexual orientation discrimination case.  EEOC v. Pallet Companies d/b/a IFCO Systems NA, Inc. was filed in March 2016, and was among one of the earliest EEOC lawsuits against a private employer, alleging discrimination on the basis of sexual orientation.  … Continue Reading

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous ‘bathroom law’, which the DOJ contends violates Title VII of the Civil Rights Act.  The rulings which come out of that … Continue Reading

Webinar: What is on the EEOC’s Agenda? LGBT Rights in the Workplace

Please join Kelley Drye’s Labor and Employment practice group for a special webinar presentation on May 25th that will explore the shifting, often controversial, and important landscape for employers regarding LGBT rights in the workplace. With the right to same-sex marriage established, the workplace has become the next civil rights frontier. The tide has clearly turned:  … Continue Reading

EEOC Acts Again on LGBT Rights

The EEOC has again taken the reins on LGBT rights by issuing some “Bathroom” guidance, giving employers a further strong indication of where the agency is leaning when it comes to enforcement of LGBT rights in the workplace. In the guidance, the EEOC makes clear again its position that Title VII prohibits discrimination against employees … Continue Reading

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for discrimination after they barred him from using the restroom matching his gender identity. Title IX … Continue Reading

Disability Laws and LGBT Rights in the Workplace

Kelley Drye’s Communications and Labor and Employment practice groups are hosting a webinar on labor issues affecting communications and technology companies on April 19, 2016 from 12:00 – 1:00 pm EST. Among the top priorities of Equal Employment Opportunity Commission’s 2016 “Strategic Plan” is enforcement of the alphabet soup of disability laws (the Americans with Disabilities … Continue Reading

Counseling Employers About Performance Improvement Plans

Performance Improvement Plans (PIPs) are a great tool to use when an employee’s work is not meeting required standards. It is particularly useful with exempt or management staff, when deficiencies are sometimes subjective and hard to define.  The goal of a PIP is to lay out the performance problems, and give the employee some specific … Continue Reading

EEOC Files First Suits Challenging Sexual Orientation Discrimination As Gender Bias

On March 1, the EEOC filed its first two lawsuits alleging that discrimination based on sexual orientation violates Title VII as a form of sex discrimination.   Those two cases, against Scott Medical Health Center on behalf of a gay male employee and against IFCO Systems on behalf of a lesbian employee, are the latest actions … Continue Reading

Company to Pay $115,000 to Settle Sex Discrimination Suit on Behalf of Transgender Employee

As predicted, the news in the Labor/Employment world continues to center on developments in the area of legal rights for transgender employees.  On January 21, the EEOC announced a $115,000 settlement of a complaint against a company which had been accused of discriminating against a transgender female employee.  According to the EEOC press release, the … Continue Reading

The EEOC continues to recognize sexual orientation discrimination as sex discrimination under Title VII

On January 6, 2016, the EEOC field an amicus brief in Barbara Burrows v. The College of Central Florida arguing, for the first time, that Title VII of the Civil Rights Act of 1964 protects workers against sexual orientation discrimination. The brief begins by acknowledging that the EEOC’s position has evolved over time citing its … Continue Reading

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come. Among the most significant new laws are the series of statutes signed … Continue Reading
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