Under Section 707 of Title VII of the 1964 Civil Rights Act (“Title VII”), the U.S. Equal Employment Opportunity Commission (“EEOC” or “the Commission”) has the authority to bring a suit when “a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by” Sections 703 and 704 of Title VII, which prohibit discrimination and retaliation. The Commission for many years…

Recently, the Ohio Supreme Court held that employers can use the direct-observation method of drug testing, without violating an employee’s privacy rights, provided that the employee consents to the test. The court also noted that an employer can terminate an employee for refusing to consent to that drug test. In that case, Lunsford v. Sterilite of Ohio, L.L.C., employees were selected for drug testing and each employee executed a “Consent and Release.” At the time…

In 2019, McDonald’s Corporation fired its CEO Steve Easterbrook after it learned he had an inappropriate relationship with a subordinate employee. The relationship came to light when the subordinate employee reported that she engaged in a consensual relationship with Easterbrook that involved explicit text messages and photographs, but no physical contact.  Naturally, McDonald’s investigated the allegations. The investigation included interviews and an examination of Easterbrook’s iPhone and an iCloud account. Easterbrook admitted the allegations, however,…

Yesterday, in a long-awaited decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board (“Board” or NLRB”) gave employers a clearer pathway to disciplining employees who engage in abusive workplace conduct — including profane, racist, and sexually harassing remarks — even when the conduct coincides with concerted activities otherwise protected by the National Labor Relations Act (“NLRA” or the “Act”). The General Motors decision reinstates a 40-year old previous…

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced a pilot program which modifies certain aspects of the agency’s mediation program. The EEOC mediation program is a voluntary, informal and confidential way for parties to resolve EEOC charges prior to the EEOC conducting a formal investigation. The EEOC has launched a pilot program known as “ACT” (Access, Categories, Time). The pilot program, which began on July 6, 2020, expands the categories of charges eligible for…

In a 7-2 decision this week, the United States Supreme Court clarified and expanded upon its 2012 decision in Hosanna Tabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. 17, by holding that the First Amendment’s religion clauses prevent civil, secular courts from adjudicating employment-related claims brought by teachers and others entrusted with carrying out an organization’s religious mission and goals. Under the First Amendment, religious institutions may “decide for themselves, free from…