Tag Archives: EEOC

Illinois Court Gives EEOC a Boost On Controversial Pre-Lawsuit Techniques

By Forrest Read

In recent years, the Equal Employment Opportunity Commission (EEOC) has taken the aggressive approach of expanding charges it receives from one or a few individuals into larger-scale class actions in federal courts.  Last week, in EEOC v. United Road Towing, Inc., the U.S. District Court for the Northern District of Illinois declined to challenge the adequacy of the EEOC’s administrative practices, thus giving ammunition to the EEOC to continue its approach of widening litigation involving alleged discrimination.

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EEOC Confirms That Title VII Protects Transgender Employees

by Anna A. Cohen and Desiree E. Busching

On April 20, 2012, in a noteworthy decision, the Equal Employment Opportunity Commission (“EEOC”) ruled that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects transgender individuals from disparate treatment. Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751 (EEOC, Apr. 20, 2012).  The case therefore opens up a new protected category which, while already recognized under many state and local anti-discrimination statutes and by some federal courts, had not previously been formally recognized by the EEOC.  Employers may want to consider updating employment policies, such as anti-discrimination policies, to include “transgender status” or “gender identity” as protected categories (if they have not already done so because of applicable state or local laws) and to train managers not to discriminate, harass or retaliate against employees or applicants based on transgender status or gender stereotyping.

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ILN Today Post

EEOC Issues Updated Enforcement Guidance on Employers’ Consideration of Arrest and Conviction Record

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII (the “Guidance”).  The Guidance, effective immediately, summarizes the EEOC’s long-held position that an employer’s reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin.  The Guidance also contains significant changes in certain areas that are important to many employers.  While courts defer to the EEOC’s published guidances to some extent, an EEOC guidance is not controlling on courts’ interpretation of Title VII and is not entitled to the high level of deference given to federal regulations.  Employers can expect courts and litigants to refer to the EEOC’s interpretations set forth in the Guidance.  While the use of criminal records is not prohibited, the updated Guidance raises significant questions for employers, given the EEOC’s strong encouragement for employers to conduct an “individualized assessment” of each potentially disqualified ex-offender applicant or employee. More…

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EEOC Propounds Guidance on Use of Arrest and Conviction Records in Employment Decisions

By Jeffrey M. Landes, Susan Gross Sholinsky, and Jennifer A. Goldman, with Teiko Shigezumi

The On April 25, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance document titled “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq. (the “Guidance”), with respect to employers’ use of arrest and conviction information in connection with employment decisions.

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EEOC’s Amended ADEA Regulation Raises the Bar for Employers’ RFOA Defense

by Carrie Corcoran, Matthew T. Miklave, and Susan Gross Sholinsky

The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued a long-awaited final rule (“Final Rule”), which amends the regulation on the “reasonable factors other than age” (“RFOA”) defense available under the Age Discrimination in Employment Act (“ADEA”). The Final Rule is available at 29 C.F.R. Part 1625. The EEOC previously published proposed rules regarding the RFOA defense on March 31, 2008, and then on February 18, 2010. The Final Rule takes into account public comments received on those proposals.

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Employer Recordkeeping Requirements Extended to GINA

by Amy J. Traub, Anna A. Cohen, and Jennifer A. Goldman

Effective April 3, 2012, the Equal Employment Opportunity Commission (“EEOC”) extended its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The burden on employers to comply with the recordkeeping requirements under GINA will likely be minimal, as employers should already have recordkeeping policies in effect for personnel and other employment records pursuant to these and other employment laws with the same or more stringent requirements. This Act Now Advisory should serve as a reminder of those recordkeeping requirements, which now apply under GINA as well.

Read the full advisory online

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Employer Recordkeeping Requirements Extended to GINA

by Amy J. Traub, Anna A. Cohen, and Jennifer A. Goldman

Effective April 3, 2012, the Equal Employment Opportunity Commission (“EEOC”) extended its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The burden on employers to comply with the recordkeeping requirements under GINA will likely be minimal, as employers should already have recordkeeping policies in effect for personnel and other employment records pursuant to these and other employment laws with the same or more stringent requirements. This Act Now Advisory should serve as a reminder of those recordkeeping requirements, which now apply under GINA as well.

Read the full advisory online

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Increased Care for Caregivers by Government Enforcement Agency

By: Lauri F. Rasnick and Meg Thering

The Equal Employment Opportunity Commission (“EEOC”) has once again turned its focus to caregiver discrimination. While “caregivers” are not specifically included as a “protected category” under any federal law, the EEOC has discussed various federal laws that may provide protections to caregivers. Read more about the EEOC’s focus on caregiver discrimination here.

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Labor and Employment Alert: Time to evaluate your recruiting,hiring and accommodating practices…

According to the U.S. Equal Employment Opportunity Commission (EEOC), over the past decade, three million veterans have returned from military service and another one million are expected to return to civilian life over the course of the next five years with the anticipated drawdown of operations in the Middle East. Employers will, therefore, more regularly confront issues relative to veteran employment and/or reemployment, including the employment of disabled veterans.

The EEOC recently issued two revised publications, one for employers and one for veterans, addressing the employment rights of veterans with disabilities and the Americans with Disabilities Act (ADA). The revised guides reflect changes to the law stemming from the ADA Amendments Act of 2008, which made it easier for veterans with a wide range of impairments — including those that are often not well understood — such as traumatic brain injuries and post-traumatic stress disorder, to get needed reasonable accommodations that will enable them to work successfully. 

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Why Companies Need to Care about Caregivers: The EEOC’s Focus on Caregiver Discrimination

By Lauri F. Rasnick and Margaret C. Thering

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The Equal Employment Opportunity Commission (“EEOC”) has once again turned its focus to caregiver discrimination.  On February 15, 2012, for the first time in nearly 30 years, the EEOC held a meeting about caregiver and pregnancy discrimination.  As “caregivers” are not specifically included as a “protected category” under any federal law, the EEOC discussed the various laws which would possibly prohibit certain caregiver discrimination, such as the Pregnancy Discrimination Act, the Americans with Disabilities Act and Amendments Act, and the Family Medical Leave Act.  The EEOC specifically discussed accommodating pregnant women under these laws (including light duty and modified work), lactation accommodation, EEOC enforcement of these laws, flexible schedules, paid time off, pay issues, eldercare, and the role of unions in the context of the Pregnancy Discrimination Act. 

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