At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not.  If the Agency concludes that the Charge has merit, then by statute it must engage in formal Conciliation with the Respondent/Employer in an effort to settle the matter without litigation. If Conciliation efforts fail, then the EEOC makes an administrative decision whether to file…

When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” condition, and some employees have relied on that condition in arguing that it allows them to refuse the vaccine mandated…

In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair labor practice in violation of the secondary boycott prohibition in the National Labor Relations Act (“Act”). Lippert Components Inc., 371 NLRB No. 8 (2021). In essence, the union had a dispute with a contractor (primary employer)…

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the PRO Act include provisions that would override state “right-to-work” laws; increase regulation of employer communication with employees during the unionization process and therefore restrict employer influence on unionization; ban mandatory arbitration agreements; and change the…