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BT Currents - Hot Topics in Employment Law
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26 Oct 2015 EEOC News – Online Charge System Now In Place

On May 6, 2015, the Equal Employment Opportunity Commission (EEOC) announced it would be rolling out a new digital charge system to improve customer service and to reduce the use of paper submissions and files. The system is set up to facilitate the secure digital transmission of documents between the EEOC and employers. Employers should start seeing the effects of this change soon, if they have not already. This system applies to private and public employers, unions and employment agencies.   The EEOC initially rolled out the…

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22 Oct 2015 EEOC Defends “Mark of The Beast” Ruling – Religious Beliefs Don’t Have To Make Sense To Be Protected

In August 2015, the EEOC prevailed in a religious discrimination lawsuit against Consol Energy and was awarded in excess of $500,000.00.  Former Consol mine worker Beverly Butcher, who had been with the company for over 35 years, refused to use Consol’s new biometric hand scanners that were installed to track employee time and attendance.  He explained that he believed that scanners would leave the “mark of the beast” and would be a sign for the antichrist.  Consol required Butcher to use the scanners and refused…

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14 Sep 2015 Rollercoaster Week for EEOC Regarding Background Checks

Last week started poorly for the agency often criticized as overly aggressive, as a federal judge in Maryland ordered the EEOC to pay attorneys’ fees of nearly a million dollars for overplaying its hand. In EEOC v. Freeman, the agency sued a corporate events company for its background check policies, charging that those checks had a disparate impact on minorities. The problem arose when the EEOC brazenly pushed ahead with its case even after its alleged statistics expert’s report was thoroughly debunked by Fourth Circuit…

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21 Jul 2015 UPS’ Employment Policies Come Under Scrutiny, Again

Last week, the Equal Employment Opportunity Commission (EEOC) filed a class action lawsuit against the United Parcel Service (UPS), claiming that the company had repeatedly failed to accommodate certain religious beliefs. Specifically, the complaint alleges that since 2004, UPS has refused to hire or promote certain individuals whose religious practices conflicted with the company’s dress code. Under UPS’ dress policy, male employees who either have a supervisory position or who have customer contact are not allowed wear beards or grow their hair below their collars….

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01 Jul 2015 More Hope for Employers Who Have Ever Felt Bullied by the EEOC

In past entries in this blog, we have noted how multiple courts have been critical of the EEOC for failing to engage in good faith settlement negotiations with employers. These cases provide some solace for employers who feel as if the EEOC takes unreasonable settlement positions simply because it has nothing to lose if settlement negotiations breakdown and litigation ensues. A recent case from a federal court in the Southern District of Ohio is the most recent case in this line.   In EEOC v….

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26 Jun 2015 EEOC revises its enforcement guidance on pregnancy discrimination to comport with recent Supreme Court ruling

The EEOC just issued a revised version of its Enforcement Guidance on Pregnancy Discrimination and Related Issues in order to address a number of issues related to the U.S.  Supreme Court’s recent decision in Young v. United Parcel Service, __ U.S. __135 S.Ct. 1338 (2015), which addressed the issue of disparate treatment of pregnant workers.   The newly released version of the Enforcement Guidance will supersede the prior Enforcement Guidance on Pregnancy Discrimination that the EEOC released in July 2014 while the Young v. UPS…

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17 Jun 2015 EEOC Targets Minnesota Company For Alleged Transgender Discrimination

Through its 2012 Strategic Enforcement Plan (SEP), the EEOC had made it a top priority to target employer-discriminatory conduct directed at “lesbian, gay, bisexual and transgender employees.” In accordance with the SEP, the commission last week filed a lawsuit against Deluxe Financial Services, a Minnesota-based printing and financial services company. The EEOC alleges that Deluxe discriminated against Britney Austin, a longtime employee who recently began presenting as a woman. According to the complaint, Deluxe would not allow Ms. Austin to use the women’s restroom and…

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02 Jun 2015 Abercrombie Decision: What’s next for employers?

The Supreme Court scored a victory for the EEOC yesterday, and, notably, for religion. The court’s majority decision emphasized that religion is a protected class that requires “favored treatment.” The decision also underscores that religious practices are equivalent to one’s religious beliefs, and are accorded the same protection.   Although the court could have limited its decision to the facts of this particular case (as did Justice Alito in his concurring opinion), it rejected the employer’s view that disparate treatment requires an employee to prove…

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28 May 2015 Transgender Status in the Workplace – First an EEOC Issue and Now an OSHA Issue?

Transgender status has been all over the news lately. As many of you saw on 20/20, Bruce Jenner publicly announced his gender transition to a woman in late April. We have also covered the various cases that have addressed transgender discrimination in lawsuits brought by the EEOC as well as individuals since late 2014. Most recently Saks & Company settled a controversial transgender discrimination case back in March. We are aware of EEOC’s position on this issue – that gender identity discrimination is covered by…

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29 Apr 2015 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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