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BT Currents - Hot Topics in Employment Law

29 Apr Unanimity and Clarity: U.S. Supreme Court Outlines Standards for Judicial Review of EEOC Conciliation

In a unanimous decision this morning, the U.S. Supreme Court held that courts have limited authority to second-guess the EEOC’s conciliation efforts in enforcing Title VII – ending a circuit court split, and clarifying the “proper scope of review.”   In Mach Mining LLC v. EEOC, the parties battled over the EEOC’s conciliation tactics after the federal agency found probable cause that Mach Mining had discriminated against a group of female employees based on sex. The employer accused the EEOC of failing to bargain in…

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17 Apr EEOC RELEASES PROPOSED RULE ON EMPLOYER WELLNESS PROGRAMS

On April 16, 2015, the EEOC issued a Notice of Proposed Rulemaking that would amend the regulations and interpretive guidance under Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. A copy of the proposed rule can be found here.   Barnes & Thornburg has issued an Employment Alert on the proposed regulations. This proposed rule was highly anticipated as recent lawsuits filed by the EEOC raised questions about when wellness plans violated the ADA. Mark ScudderMark D….

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01 Apr No Girls Allowed Isn’t Allowed: Even Roughnecks Have To Follow The Law

Even in the “manliest” of jobs, employers must be careful not to discriminate against female applicants, or it will cost them. On March 24, the United States District Court for the Northern District of Oklahoma denied an employer’s motion for summary judgment against the EEOC in EEOC v. Unit Drilling Company, finding issues of fact regarding female applicants’ discriminatory failure to hire claims.   Unit Drilling Company operates oil drilling rigs and was hiring for the position of floor-hand, an entry-level job that requires no…

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09 Mar More EEOC v. Abercrombie & Fitch: Why No Disability Accommodation Angle?

As Jeanine Gozdecki posted here, the U.S. Supreme Court recently heard oral argument in the case involving the scope of an employer’s obligation, if any, to initiate religious accommodation discussions with an applicant who was wearing clothing that would violate the company’s apparel policy but that would seem to be being worn for religious purposes. The federal court of appeals that heard the case seemed to say the company had no affirmative obligation, it had not discriminated if the applicant did not raise the issue….

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03 Mar EEOC’s Targeted Attack of Inflexible Leave Policies Under the ADA

Last November, I wrote a blog about a pattern of ADA lawsuits filed by the EEOC challenging what it sees as inflexible leave policies. Well, just like that song by a former famous pop singer – Oops, I did it again – or however it goes, we find another employer who has landed on the receiving end of an EEOC lawsuit for allegedly maintaining an inflexible leave policy. Whether it’s a bit of irony or a purposeful attempt by the agency to raise its profile…

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