Law and the Workplace

Tag Archives: title VII

New Guidance from EEOC on Pregnancy Discrimination

On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidelines accompanied by a question and answer guide on pregnancy discrimination and related workplace issues (“the Guidance”).  This is the first time in over 30 years that the EEOC has provided detailed insight on this subject and its guidance did not come … Continue Reading

EEOC Sues Over Common Release Language In Northern District of Illinois

The EEOC recently filed a lawsuit challenging CVS Pharmacy’s (the “Company’s”) separation agreement, which, it asserts, was distributed to more than 650 employees in 2012.  EEOC v. CVS Pharmacy, Inc., Case No. 1:14-cv-00863 (N.D. Ill.).  The agency alleges that the separation agreement had the effect of interfering with Title VII rights by purportedly failing to … Continue Reading

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that Kaplan’s use of credit checks disparately impacted African-American applicants in violation of Title VII of the Civil Rights Act of 1964. Read … Continue Reading

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

The U.S. Court of Appeals for the Second Circuit has joined the Seventh and Ninth Circuits in holding that an EEOC charge will not toll the statute of limitations on a state-law tort claim. This decision likely will lead to an increase in concurrent filings of state-law tort claims and Title VII federal administrative proceedings … Continue Reading

Background Check Guidance from the FTC

On March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission jointly issued two short guides on the use of background checks in hiring and personnel decisions. This alert addresses the guides as well as the ongoing roles of these agencies in monitoring employment-related background checks and enforcing applicable laws. Read the full … Continue Reading

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

As religious discrimination charges have increased steadily, the Equal Employment Opportunity Commission released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights Act of 1964 to improve employer awareness and compliance. The guide answers sample employers’ questions about how federal employment … Continue Reading

No Longer a “Motivating Factor”: E.D.N.Y. Rules New “But-For” Causation Standard for Retaliation Retroactive

Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules.  The Eastern District of New York, in Sass v. MTA Bus Co.,   ruled that existing cases should no longer be subject to a “motivating factor” analysis, but rather, are retroactively subject to the “but-for” … Continue Reading

Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification as to 1.5 million current and former Wal-Mart employees who failed to identify a company-wide policy or practice of gender discrimination.  Additionally, the Court held that backpay claims could not be certified as a class action, and rejected … Continue Reading
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