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Sixth Circuit Sends Strong Signal to EEOC in Affirming Dismissal of Systemic Lawsuit

Last January, a Cleveland federal-court judge dismissed a race discrimination lawsuit brought by the EEOC against Kaplan Higher Learning. In that case, the EEOC challenged Kaplan’s use of credit reports in its hiring process as having a systemic disparate impact based on race. To support its claim...

U.S. Chamber of Commerce Challenges EEOC Over Its “Unreasonable” Enforcement Tactics

I’ve written before about federal courts taking the EEOC to task for its overly aggressive litigation tactics (for example, here , here , here , here , and here ). Earlier this week, the U.S. Chamber of Commerce published a 25-page report [pdf] (h/t Wall Street Journal ), in which it challenged...

EEOC and Wellness Programs: A Preview of Things to Come?

Employers have been waiting for the EEOC to provide direction with respect to its position on wellness programs and the impact of the ADA on them. Last May, the EEOC held a hearing where it heard from a broad spectrum of interested groups on the topic. In the press release issued after the meeting, the...

New House Bills Seek to Slow the EEOC's Roll

Halftime of the Eagles-Colts game. So, I only have 15 minutes to crank this one out. Here we go... Two new bills in the House to watch. 1. The Litigation Oversight Act of 2014 : This bill would amend Title VII of the Civil Rights Act of 1964 to require the EEOC Commissions to decide by "majority...

Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

The Chicago Tribune is reporting that U.S. District Judge John Darrah has granted CVS’s motion to dismiss a lawsuit filed by EEOC, which challenged the company’s severance agreements as overly broad and retaliatory. Recall that the lawsuit challenged several garden-variety terms in standard...

The EEOC Has Been a Busy Bee This Week. (It Stings!)

The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a...

EEOC Should Do As It Does, Not As It Says

Last June, the EEOC sued BMW , claiming that the company’s policy of automatically disqualifying from employment anyone with certain felony convictions disparately impacted African-Americans. Unfortunately for the EEOC, like BMW, it also uses criminal background checks to screen applicants. BMW...

Is It Legal for the EEOC to Send 1,330 Emails to Your Employees at Work?

Back in 2013, the United States Equal Employment Opportunity Commission began investigating Case New Holland, Inc. for age discrimination, or so a complaint that Case New Holland recently filed in federal court alleges. So, how is this news? Let alone blog news, which is hardly news at all. I should...

EEOC Places Employee Wellness Programs Under Scrutiny

by Mark Jeffries and Lindsay Bouffard Wellness programs are surging in popularity as employers seek to reduce steadily rising healthcare costs. But could a well-intentioned wellness program end up costing you? With open enrollment for medical plans right around the corner for most employers, now is...

UPDATED: EEOC Seeks Court Order to Halt Honeywell’s Biometric Testing

Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention. The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have...

Check Out the EEOC's Playbook for Combatting LGBT Discrimination

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it's no secret that one of the EEOC's top priorities is to protect LGBT workers from discrimination. And the EEOC is being quite transparent about it, with a new...

LGBT Legislation in Michigan

A bill was introduced in the Michigan House last week which would amend the Elliott-Larsen Civil Rights Act to prohibit discrimination based on sexual orientation. The legislature is in its post-election lame duck session, and the bill was introduced by a representative who lost in the primary election...

What the EEOC Plans to Tell Employers About Wellness Programs

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them "'so-called' wellness programs." And not in a "yay, so-called wellness programs are super" kinda way. No, in recent months, the EEOC has initiated...

Federal Court Permits Discrimination Against Transgender Employee

Under federal law ( Title VII ), employers cannot discriminate because of one's sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the EEOC's position is that transgender employees...

The EEOC and Wellness Programs: Coming Home to Roost?

On May 8, 2013, the EEOC conducted a meeting and received testimony from a broad spectrum of advocates on the topic of the interplay between the wellness programs and federal anti-discrimination laws. The headline of the press release concerning the meeting stated Employer Wellness Programs Need Guidance...

Role Reversal! EEOC Must Disclose Its Own Background Check Policy to the Employer It's Suing

Monday kinda sucked for the EEOC. The agency that made scrutiny of employee background checks a top priority under its current Strategic Enforcement Plan has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background check...

U.S. Supreme Court Hears Arguments on EEOC’s Duty to Conciliate

WASHINGTON, D.C. — (Mealey’s) Since the Equal Employment Opportunity Commission, under Title VII of the Civil Rights Act of 1964, must first attempt to resolve a claim of bias against a private employer through conciliation before filing suit, the court may conduct a “modest inquiry”...

EEOC’s Arguments to Supreme Court Antithesis of Transparency and Open Government

On January 13, 2015, the United States Supreme Court heard oral arguments in which the Equal Employment Opportunity Commission (“EEOC”) made arguments that fly in the face of President Obama’s call for transparency and open government. In the case, Mach Mining v. Equal Employment...

New Year’s Resolutions: The EEOC’S Focus on Workplace Harassment in 2015

by Mark C. Dean As the calendar rolls over into a new year, many of us are busy making resolutions, and it seems that certain government enforcement agencies are no different. On January 14, 2015, the EEOC held its first meeting of the new year, resolving to renew its focus on the issue of workplace...

Employers Seek to Halt EEOC’s Efforts to Drum Up Plaintiffs For Its “Onionhead” Lawsuit

You may recall the lawsuit filed the EEOC claiming that a New York employer forced its employees to join a religion called “Onionhead.” Now, Employment Law 360 reports [subscription required] that the company’s counsel is trying to block the EEOC from reaching out to the company’s...

Odds of Getting EEOC to File Suit For You? Not Much Better Than Odds of Getting Struck by Lightning

EEOC has issued its 2014 Performance Report and the big news everyone announced was that the number of charges dropped. What I found disturbing when I read the summary was that there were 88,778 charges filed nationwide, and of those EEOC only filed 133 "merit" suits, that is, suits where they...

Federal Appeals Court Rejects “Retaliatory Rehiring” Claim

As part of massive reorganization, Allstate severed the employment of approximately 6,200 employee agent. In connection with the layoff, Allstate offered all of the employee agents the opportunity to convert their employment status into that of an independent contractor selling Allstate insurance products...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

Fourth Circuit Eviscerates EEOC in Background Screening Case

Nearly a year ago, the 6th Circuit sent a strong message to the EEOC in dismissing a case regarding its “expert” witness retained to challenge an employer’s use of credit checks. Last Friday, the 4th Circuit affirmed the dismissal of a similar case in which the EEOC used the same expert...

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is at the OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360 , a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office...