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EEOC Charge Handling Process

What happens when a current or former employee files a charge of discrimination with the EEOC? The EEOC has explained it in its description of the charge handling process . However, I imagine if a company has not been through the process, it can still be confusing. Therefore, in the spirit of my last...

EEOC’s Conciliation Efforts Shortchanges 5,000+ Employee Claims Annually

After the EEOC investigates claims of civil rights violations in the workplace, it either finds “reasonable cause” that illegal conduct has occurred or not. For those reasonable cause findings, the EEOC is legally required to engage in efforts to conciliate the charge – essentially...

Court Rejects EEOC’s Argument that Its Conciliation Efforts Not Subject to Review

I remember being surprised at the intensity of the objections by some of the EEOC panelists to my suggestion at an EEOC public meeting earlier this year that the EEOC implement a pilot ADR program as a part of its conciliation process. One of those objections was made by an EEOC Regional Attorney out...

10 Easy Rules for Background Checks in Hiring

The EEOC -- can't live with 'em, can't live without 'em. As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain...

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...

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...

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’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...

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...

Are Settlement Attempts Still Required for EEOC Charges?

by Faith Alejandro Should attempts to settle discrimination lawsuits with the EEOC be made in good faith? Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case...

EEOC Issues Balanced Interpretation of Legality of Employer Wellness Plans

Several months ago, the EEOC announced its intent to issue regulations interpreting whether employer wellness plans are legal or illegal medical exams under the ADA. Thankfully, last Thursday the EEOC published its proposed regulations, and its good news for employers who use these programs to keep down...

Hey – That EEOC Wellness Rule Isn’t Half Bad

NOTE: As I breathlessly reported last week , the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. ( Here is a nicer copy than the one that was available then.) Brian Magargle , who knows a lot more than I do about the Health Insurance...

U.S. Supreme Court: EEOC’s Conciliation Efforts May Be Reviewed

WASHINGTON, D.C. — (Mealey’s) Courts have a limited authority to review whether the Equal Employment Opportunity Commission has met its duty under Title VII of the Civil Rights Act of 1964 to attempt conciliation, the U.S. Supreme Court ruled this morning in a unanimous opinion that vacated...

Employment Attorneys React to Supreme Court Decision in Mach Mining v. EEOC

On Wednesday, the United States Supreme Court settled the question of whether the Equal Employment Opportunity Commission’s statutory duty to conciliate a remedy to a Title VII violation prior to filing a lawsuit is subject to some level of judicial review. The decision was unanimous and the answer...

Supremes to Employers: No, We Won't Make EEOC Force You To Settle

In one of the most bizarre employer appeals I've ever seen, a company called Mach Mining asked the Supreme Court to dismiss a suit by EEOC because EEOC didn't engage in sufficient conciliation efforts. Conciliation is a fancy term for trying to settle a case. It's done after EEOC makes one...

The EEOC Asks: Is Your Corporate Wellness Program Really Voluntary?

by Marcia L. DePaula Many employers who provide health coverage to their employees have initiated wellness programs within the workplace over the years in order to reduce health care costs. These wellness programs may include initiatives to motivate an employee to become healthier through exercise...

The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?

by Terese Connolly and Mikela Sutrina Last week, in Mach Mining, LLC v. EEOC , the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer [lexis.com subscribers may access...

The EEOC’s New Online Charge System

Don’t be surprised if you start getting more electronic communications from the Equal Employment Opportunity Commission. The EEOC has initiated a new online pilot program to transmit documents electronically. This move, according to the EEOC, will streamline the submission of documents, notices...

Second Circuit Finds EEOC Investigation Not Subject to Review

by Sean Kirby Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”) , that the District Court erred by considering the sufficiency of the EEOC’s...

Straight From the Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear...