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BT Currents - Hot Topics in Employment Law

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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04 Mar Should Charging Parties Read Your Position Statement? EEOC Says Yes.

  The EEOC is implementing nationwide procedures that will disclose employer position statements – submitted in response to charges of discrimination – to charging parties and their attorneys upon request during the course of the EEOC’s investigation of the charge.   If the employer’s position statement is provided to a charging party, there is a 20-day period for the charging party to provide a response to the EEOC, but that response will not be provided to the respondent/employer during the investigation, according to a summary…

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17 Feb How to Minimize Retaliation Claims During the Termination Process

Last week, the EEOC recently released its enforcement data for Fiscal Year 2015. Unsurprisingly, retaliation claims continue to rise and made up nearly 45 percent of all charges filed. This statistic is unsurprising given the relative ease it is for an employee to assert a claim.   In most jurisdictions, the employee must only show he or she made a good faith complaint about an employment practice such as discrimination or harassment and, shortly thereafter, the employee suffered some form of adverse employment action such…

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16 Feb Refusal to Exempt Employee from “Mark of the Beast” Hand Scanner Proves Damning for Company

  This week the Equal Employment Opportunity Commission (EEOC) scored a victory on behalf of a man who claimed that his former employer failed to accommodate his religious beliefs. Beverly Butcher, an Evangelical Christian who had worked at a mine operated by Consolidation Coal Co. for 35 years, feared that a biometric hand scanner used to clock employees in and out of work was really a mechanism that affixed upon its users the “Mark of the Beast,” as described in the Biblical Revelations. Butcher, who…

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