By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex W. Karasik Seyfarth Synopsis: In an EEOC-initiated lawsuit – EEOC v. LogistiCare Solutions LLC, No. 20-CV-852, 2020 U.S. Dist. LEXIS 215486 (D. Ariz. Nov. 18, 2020) – involving allegations dating back to 2013, a federal district court in Arizona denied an employer’s motion to dismiss and motion for summary judgment on the ground of laches, holding there was insufficient information to determine whether…

EEOC Year-End Countdown

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

By Seyfarth Shaw LLP

September 30, 2020

By: Gerald L. Maatman, Jr., Christopher J. DeGroff, Matthew J. Gagnon, and Alex S. Oxyer Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the country, the EEOC found itself reconsidering its priorities and resources to address the pandemic, issuing a series of guidelines to assist…

EEOC Year-End Countdown

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

By Seyfarth Shaw LLP

September 15, 2020

By: Loren Gesinsky and Samuel I. Rubinstein Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. On September 8, 2020, the EEOC answered “no” to this burning question in its updated “Technical Assistance Questions and Answers” on issues dealing with COVID-19 and the ADA and…

EEOC Year-End Countdown

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

By Seyfarth Shaw LLP

April 23, 2020

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities Act (“ADA”). This new update provides a much-awaited opinion from the Commission on the use of medical testing to screen employees entering the workplace…

EEOC Year-End Countdown

Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

By Seyfarth Shaw LLP

April 20, 2020

By: Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon Seyfarth Synopsis: The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19. The most recent update adds significantly to the EEOC’s position on how employers should treat requests for “reasonable accommodations” in these difficult times, as well as pandemic-related…

EEOC Year-End Countdown

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

By Seyfarth Shaw LLP

March 18, 2020

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

A Special Edition Workplace Class Action Blog

Blog Authors

Leaving The Laches Open: Federal Court Denies Employer’s Dispositive Motions Despite EEOC’s Seven-Year Delay In Filing Suit

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

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

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