Tag Archives: Equal Employment Opportunity Commission

EEO-1 “Part 2” Pay Data Report Roars Back to Life

In a stinging rebuke of the Trump Administration’s attempt to remove burdensome regulations on employers, Judge Tanya Chutkan, a District Court judge in the District of Columbia this week reinstated the EEO-1 “Part 2” wage data/hours worked reporting form for all employers who file annual EEO-1 demographic reports with the Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor. (This includes all companies employing more than 100 people, or 50 people if they are a US federal contractor.)

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EEOC Suit Alleges Luxury Hotel Discriminated Against Haitian Employees and Used Staffing Agency as a Conduit to Discriminate

On April 18, 2017, the Equal Employment Opportunity Commission (“EEOC”) filed a putative class action against the SLS Hotel South Beach in Miami, Florida (“Hotel”), alleging that the Hotel violated Title VII by firing black Haitian dishwashers who worked in the kitchen and serviced several restaurants in the Hotel – including the Bazaar by Jose Andres, Katsuya and Hyde Beach – and replacing them with white and Hispanic workers, who were supplied by a staffing agency, National Service Group (“NSG”).

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EEOC Releases Retaliation Guidance – Employment Law This Week

Featured on Employment Law This Week:  The Equal Employment Opportunity Commission (EEOC) has issued new guidance on workplace retaliation.

The EEOC’s final guidance on retaliation includes concrete examples of retaliation issues that the courts have largely agreed upon, as well as expanded definitions of “adverse action” and “causal connection.” The guidance also describes “promising practices” for reducing the possibility of retaliation, including anti-retaliation training and proactive follow-up with potential targets. Retaliation has become the most frequent form of employment claim across business sectors. The percentage of EEOC charges in this area has almost doubled since the last guidance was issued. Our colleague David Marden is interviewed.

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Mark A. Spognardi quoted in Inside Counsel on 7th Circuit reversal of its own precedent on ADA requirement for reassignment of disabled employees

Arnstein & Lehr Attorney Mark A. Spognardi

Mark Spognardi

Arnstein & Lehr Chicago Partner Mark A. Spognardi was quoted in a November 28 article in Inside Counsel, titled “ADA requires reassignment as a reasonable accommodation for disabled employees.” The article discusses the 7th Circuit’s reversal of its own precedent on reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA) in its Sept. 7 ruling in Equal Employment Opportunity Commission (EEOC) v. United Airlines Inc. It found that the ADA requires that employers reassign an employee to a vacant position within the company for which she/he is qualified if the employee is no longer able to perform the job functions due to a disability, unless such an accommodation would prove an “undue hardship” to the employer. Mr. Spognardi comments that the employer has the burden to show that this reassignment constitutes an unreasonable accommodation or constitutes an undue hardship, and the court expects employers to engage in an interactive, good-faith process to explore what can be done to accommodate the person.

To read the article in full, please click here.

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Is Breastfeeding Bias the EEOC’s Next Battleground?

by Christina J. Fletcher

As further evidence of the Equal Employment Opportunity Commission’s (“EEOC”) focus on “caregiver” discrimination, the EEOC has signaled its strong support for protecting working women from discrimination based on lactation or breastfeeding in a case now pending before the U.S. Court of Appeals for the Fifth Circuit. 

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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 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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