By Gerald L. Maatman, Jr. and Matthew Gagnon Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The EEOC was careful to explain that although those laws are still very much in effect, they…

EEOC Year-End Countdown

The Winds Of Change Are Suddenly Gusting: EEOC Commissioners Vote To Strip The General Counsel Of Substantial Litigation Authority

By Seyfarth Shaw LLP

March 11, 2020

By Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon Seyfarth Synopsis: On March 10, 2020, the EEOC released information about an internal resolution that may drastically change how high-stakes litigation decisions are made at the EEOC. The resolution reverses some long-standing practices that had delegated much of the authority over the direction of EEOC litigation enforcement activities to the General Counsel of the Commission. Much of that authority will now rest…

EEOC Year-End Countdown

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

By Seyfarth Shaw LLP

February 10, 2020

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Ala Salameh Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and contains important clues to the EEOC’s changing strategic objectives and potential future targets of heightened enforcement activity. It is a “must read” for…

EEOC Year-End Countdown

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation Report)

By Courtney Digate

December 30, 2019

By Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, Ala Salameh Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing developments in EEOC litigation during 2019, as well as a preview of our annual report on developments and trends in EEOC-initiated litigation.…

EEOC Year-End Countdown

New Chair Of The EEOC Begins To Make Her Mark: A Look At The EEOC’s Inaugural Agency Financial Report

By Seyfarth Shaw LLP

November 20, 2019

By Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Ala Salameh Seyfarth Synopsis: On November 19, 2019, the EEOC released its inaugural “Agency Financial Report” (“AFR”) for Fiscal Year 2019 (here). Substantively, the AFR is a data compilation regarding the EEOC’s financial health, initiatives, and guiding principles. The AFR is an important guide to how the EEOC spent its budget in FY 2019, and is therefore a useful…

EEOC Year-End Countdown

What A Long Strange Year It’s Been . . . The EEOC’s Fiscal Year Comes To An Uncharacteristically Quiet Close

By Seyfarth Shaw LLP

September 30, 2019

By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Ala Salameh Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC. Employers are anxiously looking for any sign as to how this slate of leadership will put its stamp on the agency’s mission and, more importantly, which employers and business practices the agency will most heavily target. But even though…

EEOC Year-End Countdown

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

By Seyfarth Shaw LLP

August 9, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (“Guidance”) interfered with its authority to limit the hiring of felons – the U.S. Court of Appeals for the Fifth Circuit affirmed most parts of…

EEOC Year-End Countdown

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

By Seyfarth Shaw LLP

August 7, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle Mexican Grill, Inc., No. 17-CV-5382, 2019 U.S. Dist. LEXIS 129046 (N.D. Cal. Aug. 1, 2019), the EEOC objected to the order and sought review; thereafter, the district judge granted EEOC’s motion for…

EEOC Year-End Countdown

EEOC Leadership Shift: New EEOC Chair Janet Dhillon Confirmed By Senate

By Seyfarth Shaw LLP

May 8, 2019

By Gerald L. Maatman, Jr., Christopher DeGroff, and Michael Jacobsen Seyfarth Synopsis: Who sits as Chair of the EEOC unquestionably has a significant impact for all employers interacting with the Commission. At long last, the U.S. Senate has voted to confirm Janet Dhillon for the post, nearly two years after President Trump’s administration nominated her. How the new leadership at the Commission will impact broader EEOC policy positions remains to be seen. On…

EEOC Year-End Countdown

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

By Seyfarth Shaw LLP

April 22, 2019

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist. LEXIS 62513 (E.D. Ark. Apr. 11, 2019) – for failure to provide a reasonable accommodation and discharge based on disability, following a supervisor’s comments to an employee that “it was not working…

EEOC Year-End Countdown

A Special Edition Workplace Class Action Blog

Blog Authors

EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

The Winds Of Change Are Suddenly Gusting: EEOC Commissioners Vote To Strip The General Counsel Of Substantial Litigation Authority

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation Report)

New Chair Of The EEOC Begins To Make Her Mark: A Look At The EEOC’s Inaugural Agency Financial Report

What A Long Strange Year It’s Been . . . The EEOC’s Fiscal Year Comes To An Uncharacteristically Quiet Close

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

EEOC Leadership Shift: New EEOC Chair Janet Dhillon Confirmed By Senate

Following Supervisor’s “Not Working Out” Comment, EEOC Defeats Employer’s Motion For Summary Judgment In ADA Lawsuit

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