EEOC Charge of Discrimination

On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the Compliance Manual has not been revised since 2008. The public has until December 17, 2020 to issue comments to the proposed update,

July has brought the announcement of two six-month pilot programs touted by the EEOC for, it believes, expanding opportunities for parties to resolve Charges of Discrimination voluntarily through mediation and conciliation.

While they sound like the same thing, mediation and conciliation actually carry two different meanings in EEOC-world. Here is what the Commission has rolled

36714348_sAlthough the facts alleged in a recent lawsuit entitled EEOC v. D&S Shipley Donuts are not quite as patronizing as the title of this post suggests; they are close.  The EEOC brought suit against a franchisee of Shipley’s Do-Nuts claiming that the franchisee violated Title VII of the Civil Rights Act of 1964 and the

This week the United States Supreme Court heard arguments in a case that we have previously reported on that was filed against Abercrombie & Fitch.  In that case, a Muslim teenager applied for a job and was denied the job because she wore a head scarf which the hiring manager believed did not coincide with

We previously reported that the EEOC had filed suit against United Health Programs of America Inc. after workers alleged that they were forced to say “I love you” to co-workers on account of their employers’ beliefs in “Onionhead.”  The suit also alleges that employees were forced to engage in prayer, wear Onionhead-related pins, and burn

Short but informative article today in The Washington Post about the rapid growth of employment retaliation claims — fifth year in a row that it has overtaken all other discrimination claims.

Employers should carefully study our many posts about retaliation!

retaliation : Retaliation Green Road Sign on Dramatic Blue Sky with Clouds.

For an explanation the author cites, among other things, the Supreme Court decisions in Burlington

Don’t discuss employees’ religion with them, especially not at a mandatory meeting, no matter how well-intentioned you are.   And certainly don’t take adverse employment actions against an employee who opposes such a company practice.   That is called “retaliation,” and it is illegal, sometimes even if the underlying practice is not.

Settlement Of Retaliation Suit Gives

The conversation continues on whether a company needs or should retain an attorney to represent it before the EEOC.   Where better to mine the views of employment attorneys than the LinkedIn group run by the ABA Employment Committee?

As expected, lawyers are virtually unanimous in saying that, at a minimum, an attorney should initially be

Recently we discussed a survey conducted and disseminated by Merrily Archer, Esq. about EEOC mediations.   Her take: the EEOC mediators do all they can to push a settlement, including various threats of litigation and EEOC enforcement. In fact, she said that with ADR being the EEOC’s “biggest cash cow,” to settle cases for as much

The EEOC had six charges filed with it between 2007 and 2009 alleging that the San Diego staffing firm Huyssen Inc., doing business as Sedona Group, engaged in a pattern and practice of classifying and failing to refer job applicants based on their race, color, sex, national origin, age or disability.

The EEOC just issued