The 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,…

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Retaliation 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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‘Tis the Season for Employers to Review Their Employee Handbooks

With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur outside of the physical workplace, present distinct risks for employers. To maintain a safe, respectful, and healthy work environment, employers should consider…

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Good Policies, Good Results – Have You Checked Yours Lately?

A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…

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New Frontier in COVID-19 Vaccine Litigation

Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…

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Retaliation Claims Can Drive You Nuts!

As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as…

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Preventing Sexual Harassment in the Workplace

In August, Lone Star Ambulance, a critical-care transportation company in San Antonio, settled a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for alleged sexual harassment and retaliation. The company will pay $90,000 in damages and provide additional relief. “The EEOC is committed to vigorously enforcing anti-discrimination laws on behalf of all workers,”…

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New Federal Law Bans Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Act amends the Federal Arbitration Act (“FAA”) to prohibit the enforcement of predispute arbitration agreements against complainants for claims involving allegations of sexual harassment or sexual assault, both outside and within the…

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The Return to the Office May Spur Harassment, ADA Claims

Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…

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