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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...

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...

One of EEOC’s First Transgender Lawsuits Has Settled

Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity . The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make...

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...

Get in the Zone … the No-Blacks Zone

Does Title VII permit an employer to staff its stores based on the racial composition of its customers? That’s the question at the heart of EEOC v. AutoZone , currently pending in federal court in Chicago. In the lawsuit, the EEOC alleges that the auto-parts retailer transferred African-American...

EEOC Updates Pregnancy Discrimination Guidance to Embrace Accommodations

In the wake of the Supreme Court’s decision in Young v. UPS , the EEOC has updated its administrative guidance on pregnancy discrimination [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. The updated guidance includes Enforcement Guidance on Pregnancy Discrimination...

EEOC’s Revised Pregnancy Guidance: Now, Just Barely More Flexible!

(Channeling David Spade today.): Hey, EEOC, there’s this newfangled technique known as “track changes.” Look into it! Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme...

A Healthier Workforce: The Hot Debate Over Employer Responsibility and Employee Incentives

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC A Medicare set-aside (MSA) is sometimes like an exercise in accident reconstruction. And when the MSA gets ugly, as they frequently do, it is typically because of some factor other than the industrial accident itself. Things like, had the employee...

BMW Settles EEOC Background-Check Lawsuit For a Cool $1.6 Mil

Last month, a South Carolina federal judge denied BMW’s attempt to dismiss an EEOC lawsuit which alleged that the company’s criminal background checks for job applicants had a discriminatory disparate impact on African Americans ( opinion here ) [subscribers can access an enhanced version...

EEOC Wins Most of Discovery Dispute in Transgender Case

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender woman. The Defendants, represented by the Alliance Defending Freedom , had...

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...

Four Ways to Prevent Systemic Discrimination in Your Workplace, Before an EEOC Charge

A week or so ago, Robin Shea had a great post at the Employment and Labor Insider in which she listed ten of the hottest litigation trends at the EEOC. You’ll find some obvious ones (ADA accommodations, retaliation), and maybe one or two that may not be on your radar (immigrant/migrant/”vulnerable”...

Signal International, LLC to Pay $5 Million to Settle EEOC Race, National Origin Lawsuit

EEOC, Dec. 18, 2015 - "Signal International, LLC, a Mobile, Ala. ship building and repair company, will pay an estimated $5 million to 476 Indian guest workers to settle a race and national origin discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency...

National and State-by-State Workers' Comp News Powered by Larson's (5/15/2016)

WCRI Publishes New Study on Ambulatory Surgery Centers . FDA Issues Three New Draft Guidances for Compound Drugs . EEOC Issues New Guidance on Employer-Provided Leave, ADA . AK: WCB Discusses Budget, HB 214 Workers Comp Appeals Commission . AZ: ICA to Hold Hearing on One-Half Percent Assessment...