EEOC
Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims
Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth Circuit had to demonstrate the “adverse employment action” forming the basis of their complaint constituted an “ultimate employment decision”—which the Court of Appeals…
Read MoreEEOC Releases Expansive Proposed Regulations to Implement the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission (EEOC) has released proposed regulations under the Pregnant Workers Fairness Act (PWFA) that include an expansive reading of the requirements imposed by the law. Among the proposed regulations is a proposed rule requiring employers to consider eliminating one or more essential functions of a job for up to 40 weeks…
Read MoreThe Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent…
Read MoreNumerous Employment Law Developments to Be Aware Of
As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice. REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES On June 27,…
Read MoreEmployment Law Developments Coming Soon to a Manufacturing Facility Near You
Every year, some developments in employment law have greater potential to affect the manufacturing industry than others. Thus far in 2023, possible changes to the salary threshold under the Fair Labor Standards Act (FLSA) and changes to the independent contractor classification are among the developments manufacturing employers should watch. FLSA Salary Threshold It is anticipated…
Read MoreEEOC Announces Enforcement Priorities for 2023-2027
On Tuesday January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) publicly released its Draft Strategic Enforcement Plan (“SEP”) for fiscal years 2023-2027. The SEP describes the EEOC’s top enforcement priorities, making it critical information for employers around the country. The Draft SEP sets out the EEOC’s six subject matter priorities for fiscal years 2023-2027:…
Read MoreWhy Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…
Read MoreHow to Navigate a Reduction in Force
Over the course of your business life, there may come a time when you are faced with the difficult but necessary decision to lay off some employees as part of a reduction in force or other restructuring initiative at one or more of your locations. There are a wide array of laws that may impact…
Read MoreThe EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
Read MoreRetaliation Mistake Leads to a Costly Payout
Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a race-based discrimination and retaliation lawsuit filed by the EEOC on behalf of a Black employee…
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