Category Archives: EEOC

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SEC Scrutinizes Severance Agreements for Compliance With Dodd-Frank

Recent SEC Fines On Aug. 16, 2016, the U.S. Securities and Exchange Commission (SEC) announced that it had issued its second fine in as many weeks concerning a company’s use of severance agreements that contain confidentiality and/or covenant-not-to-sue or release provisions that allegedly violate SEC whistleblower Rules. These recent SEC charges arise from SEC Rules, … Continue Reading

EEOC Publishes Revised Proposal to Collect Data on Employees’ Compensation and Hours Worked

On July 14, 2016, the Equal Employment Opportunity Commission (EEOC) published a revised proposal to collect data on employees’ compensation and hours worked through the EEO-1 reports that larger employers are required to submit annually. Notwithstanding numerous public comments stressing the burdens that this reporting requirement would impose on employers and the limited statistical utility that … Continue Reading

Supreme Court OKs Review of EEOC Conciliation: Practical Implications for Employers

Under Title VII, if the EEOC issues a cause finding, it must then try to remedy the alleged unlawful employment practice through “informal methods of conference, conciliation and persuasion.”  42 U. S. C. §2000e–5(b).  If, and only if, it is unable to obtain a conciliation agreement that is “acceptable to the commission,” may the agency … Continue Reading

Sixth Circuit Rejects Telecommuting Demand from Employee

In an important “win” for employers that has potentially widespread implications, the Sixth Circuit Court of Appeals, sitting en banc, reinstated summary judgment dismissing claims asserted by the Equal Employment Opportunity Commission (EEOC) that Ford Motor Company failed to accommodate a former employee’s request under the Americans with Disabilities Act (ADA) to telecommute up to … Continue Reading

New Employment Practices Required by Federal Government Contractors

Two Executive Orders have been recently issued requiring federal government contractors to adopt practices ensuring the fair treatment of certain classes of workers. A new GT Alert, authored by  Johnine P. Barnes, Ryan C. Bradel and Józef S. Przygrodzki, discuss the “Fair Pay and Safe Workplaces Executive Order,” which makes a contractor’s compliance with certain … Continue Reading

The Risky Business of Litigating Retaliation Claims

Atlanta attorneys David Long-Daniels and Peter Hall recently co-authored an article for the American Bar Association’s Journal of Labor & Employment entitled “Risky Business: Litigating Retaliation Claims”. The article analyzes the recent increase in retaliation claims, the impact on employers and a forecast for future trends. To read the full article, please click here.… Continue Reading

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part II

More than ever, employers are facing serious claims from disgruntled workers.  This two-part series discusses the top four tips for employers to avoid claims from unhappy workers: 1.         Failure to document unsatisfactory job performance.  2.         Failure to terminate bad workers before it is too late.  3.         Failure to enforce the company’s harassment policy.  4.         Failure … Continue Reading

Tips to Avoid a HR Nightmare: The Top 4 Mistakes Employers Make – Part I

Claims from disgruntled workers are on the rise.  In 2012, for example, the EEOC reported that nearly 100,000 total charges had been filed nationwide!  These claims include discrimination charges of race, sex, national origin, religion, color, retaliation, age, disability, and equal pay.  In this two-part series, learn how to head off potential litigation by avoiding … Continue Reading

EEOC Offers Guidance on Workplace Accommodations

On May 15, 2013, the Equal Employment Opportunity Commission (“EEOC”) issued revised guidance for employers with respect to employees with epilepsy, cancer, diabetes, and intellectual disabilities. The guidance is contained in the EEOC publication “Disability Discrimination: The Questions and Answers Series,” and is posted on the EEOC’s website,  http://www.eeoc.gov/laws/types/disability.cfm. The recommendations address the expanded definitions … Continue Reading

Checking Your Background Check: Is Your Authorization in Compliance with the FCRA?

  Most companies require background checks of their applicants and employees.  These background checks are designed to ensure the accuracy of the information that the applicant or employee supplies the employer.  As part of their background checks, employers often conduct credit checks by obtaining consumer reports from outside credit reporting agencies.  Employers legitimately obtain and … Continue Reading

Arrest and Conviction Records in Employment Decisions: EEOC Issues Enforcement Guidance and Best Practices

The Equal Employment Opportunity Commission (EEOC) recently issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, which goes some distance in creating potential liability for discrimination by employers for their carte blanche use of criminal record exclusions.… Continue Reading

EEOC Says That Criminal Screens Must Be Job-Related

Yesterday, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued ”Updated Enforcement Guidance,” reminding employers that screen applicants’ criminal backgrounds that they must prove that any use of information acquired through such screens is job-related to avoid potential discrimination suits.   The Enforcement Guidance states that an employer accused of violating Title VII will have to carry the burden of proving … Continue Reading
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