Posts Tagged ‘EEOC’

EEOC Issues 2009 Enforcement and Litigation Statistics

Friday, January 8th, 2010

The EEOC has issued its 2009 enforcement and litigation statistics here.  Total charges were down from 2008, 95,402 to 93,277.  Largest percentage increases in charges were in disability and retaliation.  Lawsuits filed down from 325 to 314.  More after the break.

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Contributed by Eric A. Welter.

Top Ten Developments in Employment Law for HR Professionals in Virginia — #8

Wednesday, January 6th, 2010

The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order.  Number 8:  new EEOC document on waivers and releases of employee claims.  More after the break.

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Contributed by Eric A. Welter.

New EEOC Enforcement Activity Against Use Of Credit History And Criminal Background In Hiring

Thursday, December 10th, 2009

Workplace Prof Blog notes here that the EEOC has filed a class action suit against an employer in Dallas for the use of credit history and criminal background as selection crieria in the hiring process.  The EEOC has long argued that such crieria have a disparate impact on minority groups, but apparently have increased enforcement activity in this area recently.  This is a good reminder that the hiring process is a critical area to monitor for practices that potentially have a disparate impact on minority or other protected applicants — particularly hot button areas such as credit history and criminal background.

Contributed by Eric A. Welter.

EEOC Verdicts and Settlements

Friday, December 4th, 2009

 Our update on EEOC verdicts and settlements for October 2009 after the break.

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Contributed by Eric A. Welter.

New EEOC Poster Available

Thursday, October 29th, 2009

The new “Equal Employment Opportunity is the Law” poster is now available from the EEOC here.  According to the EEOC website, “This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor.”

Contributed by Eric A. Welter.

4th Circuit Decides Case on Finality of Federal EEOC Decisions

Thursday, June 4th, 2009

The Fourth Circuit’s decision in Cochran v. Holder addresses the issue of when a decision by the Equal Employment Opportunity Commission (EEOC) becomes “final” for the purposes of 42 U.S.C. § 2000e-16(c).  The EEOC regulation allows federal employees to file a civil action for illegal discrimination by their employer within 90 days of a “final” adverse decision by the Commission.  More after the break.

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EEOC Issues Best Practices Guidance For Workers With Caregiver Responsibilities

Monday, May 4th, 2009

The EEOC has issued guidance on employer “best practices” for workers with caregiver responsibilities.  The document can be found here.  The EEOC had previously released a document entitled “ENFORCEMENT GUIDANCE: UNLAWFUL DISPARATE TREATMENT OF WORKERS WITH CAREGIVING RESPONSIBILITIES.”  None of the laws enforced by the EEOC actually prohibit discrimination based on “caregiving responsibility,” but the EEOC has tried to provide employers with guidance on how caregiving issues fit within the framework of existing employment laws.  The new “best practices” guidance is worth reading to inform one’s understanding of how the EEOC views these issues.

Contributed by Eric A. Welter.

New EEOC And NLRB Chairs

Tuesday, January 27th, 2009

The President has appointed new Chairs of the EEOC and NLRB.  The new Acting Chair of the EEOC is Stuart Ishimaru, the senior-ranking Democrat in the EEOC.  Wilma Liebman will be the new Chair of the NLRB.  A Clinton appointee, Liebman has served on the Board since 1997.  More after the break.

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Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #5

Wednesday, January 21st, 2009

We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008.  The list is in no particular order.  Topic number 5 is:

Reason For Termination Of Employee Not Provided In Response To EEOC Charge Found To Be Pretext For Discrimination.  More after the break.

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Tidbits

Tuesday, January 20th, 2009

5th Circuit Affirms Award of Attorneys’ Fees to Employer Against the EEOC — Jotting by an Employers’ Lawyer.  (The Court upheld the district court’s entry of summary judgment against the EEOC in a disability claim, and its award to the employer of its attorneys fees for time spent after the deposition of the plaintiff which made clear that he did not have a viable claim. The amount awarded was $225,000.)

Tomorrow Is “FMLA Day” – Is Your Company Ready? — Ohio Employer’s Law Blog

Top NLRB Precedents In Jeopardy Under An Obama Labor Board — Law.com

Virginia Hospital Workers Sue For Lost Wages — Richmond Times Dispatch

4th Circuit Decides Case On Exhaustion Of Administrative Remedies

Monday, January 12th, 2009

On January 5, 2009, the U.S. Court of  Appeals for the Fourth Circuit issued a published opinion in the matter of Jones vs. Calvert Group, Limited.  The case considered several issues involving the exhaustion of administrative remedies in a Title VII case by filing a charge of discrimination with the EEOC or State Human Rights Commission.  A copy of the decision is here.  More after the break.

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Record Number of EEOC Charges Filed in 2008

Monday, November 24th, 2008

According to the EEOC’s Fiscal Year 2008 Performance and Accountability Report (here), private sector charges rose 15.2% over last year — a total of 95,402 charges.  Total monetary benefits recovered were less in 2008 than the prior year.  (The summary of this data is on page 6 of the report.)

Page 10 of the report summarizes four cases involving allegations of “systemic” discrimination that were resolved in FY2008.

(Hat tip to the Manpower Employment Law Blawg.)

EEOC Issues ADA Q&A Guide On Performance And Conduct Issues

Monday, September 8th, 2008

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues.  The EEOC’s press release can be found here, and the Q&A Guide itself can be found here.

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EEOC Call Center Generates Rise In Claims

Friday, July 11th, 2008

According to an article in HR Magazine, a call center opened by the U.S. Equal Employment Opportunity Commission in March 2008 to field intake calls from individuals — along with placing their intake questionaire online — has resulted in a increase in charge filings.  We will have to wait and see whether these new avenues for filing charges of discrimination will dramatically change the 2008 intake figures.

Recent Jury Verdicts And Settlements

Wednesday, June 4th, 2008

MA — Jury awards former Cambridge city worker $4.5 million in retaliation lawsuit.  The verdict includes $3.5 million in punitive damages.  Another article is here.

CO — Boulder postal worker wins $200,000 in racial discrimination and harassment lawsuit.

NY — EEOC settles sex bias lawsuit against state corrections department for almost $1 million.  The case involved allegations of disparate treatment in medical leave benefits.

NY — Tavern on the Green agrees to pay $2.2 million to settle a discrimination and harassment action filed by the EEOC alleging harassment against females and minorities.  According to the EEOC’s press release, “The EEOC charged in the case that Tavern on the Green engaged in severe and pervasive sexual, racial, and national origin harassment of female, black, and Hispanic employees. The sexual harassment included graphic comments and demands for various sex acts, as well as groping of women’s buttocks and breasts. The racial and national origin harassment included epithets toward black and Hispanic employees and ridiculing Hispanics for their accents. The restaurant also retaliated against employees for refusing to consent to and/or objecting to the harassment, according to the EEOC.”  A consent decree has been submitted to the U.S. District Court in New York for approval of the settlement terms.

The Delaware Employment Law Blog has a post on the Tavern on the Green settlement here.