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BT Currents - Hot Topics in Employment Law

08 Jun What Employers must know about the Americans with Disabilities Act

A few weeks ago, we posted a blog concerning the aggressive, suit-filing tactics by the Equal Employment Opportunity Commission (EEOC) against employers and the expensive and public consent decrees that follow.   One of the EEOC consent decrees discussed was with Rock Tenn, a paper and packaging manufacturer with a facility located in Battle Creek, Michigan. The consent decree required Rock Tenn to pay $187,000 in settlement of the EEOC lawsuit to provide training to its employees and submit to EEOC oversight of the manufacturer’s…

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26 Apr Is There a Silver Lining in the EEOC’s Continuing Quest to Make Employees Untouchable?

At this point, it’s all over but the shouting. In January, the EEOC issued its proposed enforcement guidance on retaliation charges filed by employees. The public comment period for the proposed guidance is now closed. (If you haven’t gone through it yet, settle in, make yourself comfortable and read the 73-page proposed guidance found here).   The proposed guidance will likely be adopted soon and it will likely affect almost half of the EEOC charges filed by employees. That’s because a retaliation charge is either the…

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15 Apr EEOC Consent Decrees Highlight That Employers Must Prevent ADA Claims — Or Pay the Consequences

Public consent decrees that resolved several recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuits are a stark reminder that clear policies and training can help employers to avoid such consequences.   A common theme of the recently-settled EEOC lawsuits is that once the EEOC files a lawsuit it will demand a public settlement that includes substantial financial terms and non-monetary relief including posting of notices in the workplace and mandatory training.   In a case that the EEOC filed against a paper manufacturing company…

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21 Mar 2015: EEOC Charges Rebound

  The EEOC charge filing statistics for 2015 are out. Last year at this time, we were looking at the trend of charges continuing to drop from their peak in 2010 and were hoping the trend would continue. Unfortunately, the drop in the overall number of charges stopped and troublingly is going back up:     As you can see, the chart tracks the number of filed EEOC charges going back to the late 1990s. For the most part, the number of charges ebbs and…

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09 Mar EEOC Continues Visible Stance on Sexual Orientation Discrimination Protection

  As predicted by many, 2016 will likely be a year the Equal Employment Opportunity Commission (EEOC) will continue its push for the expansion of the rights afforded pursuant to Title VII of the Civil Rights Act of 1964.   This month, the EEOC filed its first two lawsuits accusing employers of gender bias for discriminating against employees on the basis of sexual orientation. Specifically, both cases allege employee harassment on the basis of sexual orientation, in addition to retaliation. There are many local and…

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