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BT Currents - Hot Topics in Employment Law
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20 Dec 2012 All I Want For Christmas Are Some Stats

The following chart graphically depicts the total number of EEOC charges filed with the agency from 1997-2011.  http://eeoc.gov/eeoc/statistics/enforcement/charges.cfm  What is immediately apparent from this chart is the relationship between the overall economy and the number of filings. The chart begins in the prosperous 90’s (this is how far back the EEOC’s historical online information goes). As the country continued with the dot-com boom, you can see the number of filings going down. The filings, however, tick up again beginning in 2000 as the economy worsened into recession and…

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20 Dec 2012 Businesses Brace for Another Round of EEOC Challenges

On Dec. 17, 2012, the EEOC revealed its “priorities and goals,” giving businesses some forecast of the EEOC climate and danger zones during next four years. In technical terms, the Commission approved (by a 3-1 vote) its formal Strategic Enforcement Plan (SEP), which identified the following six (6) national priorities: – Eliminating barriers in recruitment and hiring – Protecting immigrant, migrant and other vulnerable workers – Addressing emerging and developing employment discrimination issues – Enforcing Equal Pay Laws – Preserving Access to the Legal System – Preventing Harassment through Systemic Enforcement and Outreach In other words,…

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05 Dec 2012 Census Bureau Release Workforce EEO Numbers

Last week, the U.S. Census Bureau released the 2006-2010 American Community Survey EEO tabulation that examines the diversity in the U.S. labor force. In the past, the Census Bureau has produced the tabulation after every 10-year census. However, for the first time, the bureau used the 2006-2010 American Community Survey estimates in its report.  The actual tables produced by the tabulation can be generated at the Census Bureau’s American FactFinder page available here. Federal agencies use the numerous tabulations as a monitoring device while employers…

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26 Nov 2012 Seventh Circuit Rejects EEOC’s Claim of Confidentiality Violations Under the Americans with Disabilities Act

In its opinion issued in EEOC v. Thrivent Financial for Lutherans, No. 11-2848, which can be found here, the U.S. Court of Appeals for the Seventh Circuit affirmed the award of summary judgment to Thrivent Financial for Lutherans (Thrivent), and rejected the Equal Employment Opportunity Commission’s (EEOC) arguments that Thrivent had violated the Americans with Disabilities Act (ADA) when it had revealed information regarding a former contract employee’s migraine condition to a prospective employer. The Seventh Circuit’s rationale hinged on the fact that Thrivent had…

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20 Sep 2012 EEOC Educates Teens About Discrimination and Harassment in the Workplace

Do you employ teenagers? Then take note: the EEOC just announced new discrimination and harassment prevention efforts aimed at students who are about to enter the workforce. Specifically, the EEOC, through its Youth@Work initiative, created a video and supplemental classroom guides to help students identify situations and actions that may amount to discrimination or harassment in the workplace. Employers who recruit and hire teens need to be aware that the EEOC is placing special focus on this demographic. Further, the EEOC’s announcement is a reminder that employers should emphasize – especially to those who are new to the workforce – that all…

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12 Sep 2012 Unverified EEOC Filing Not Good Enough, Says Northern District of Indiana

As many employers know, before proceeding to court, Title VII discrimination lawsuits must first be filed with the Equal Opportunity Employment Commission (EEOC) or a parallel state agency.  Aiming to protect employees by ensuring that a charging party is at least willing to make his or her claims subject to the penalties for perjury, federal statutory law further requires that the agency charge be filed “in writing under oath or affirmation[.]” 42 U.S.C. § 2000e-5(b). It is this less well known requirement that recently tripped…

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10 Sep 2012 Seventh Circuit Reverses Course on Reassignment Accommodation

In arguably its most significant decision under the Americans with Disabilities Act (ADA) in years, the Seventh Circuit, in EEOC v. United Airlines, Inc., reversed its own previous holdings regarding the viability of competitive transfer policies for disabled employees. The case can be found here.  For over a decade, employers in the Seventh Circuit have been able to rely on EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000), to adopt perfectly valid policies allowing for disabled employees who can no longer perform the essential…

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05 Sep 2012 EEOC Releases Its Draft Strategic Enforcement Plan Discussing Key Priorities for Fiscal Years 2012-2016

As part of its broader Strategic Plan for Fiscal Years 2012-2016, the Equal Employment Opportunity Commission (EEOC) has released a draft Strategic Enforcement Plan (SEP) for Fiscal Years 2012-2016, setting forth its primary priorities for the coming years, and seeks public commentary on same prior to voting on the SEP at the end of September 2012. The SEP, which can be found here, discusses the EEOC’s history, composition, and responsibilities, as well as the background events giving rise to the development of the SEP in…

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27 Aug 2012 EEOC Sues Burger King Franchisee Over Employee’s Religious Accommodation Request

The Equal Employment Opportunity Commission (EEOC) is suing a Burger King franchisee – Fries Restaurant Management, LLC – for religious discrimination, a violation of Title VII of the Civil Rights Act of 1964. The facts underlying the lawsuit are straightforward: Ashanti McShan, a member of the Pentecostal Church, adheres to an interpretation of scripture regarding the wearing of clothing that is befitting of one’s gender. McShan allegedly informed Burger King of her religious belief during her employment interview, and was told she could wear a…

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13 Aug 2012 Obama nominates Yang for EEOC Commissioner

According to a recent White House press release, President Obama will nominate Jenny R. Yang for EEOC Commissioner. This nomination follows the recent early resignation of Stuart J. Ishimaru, leaving a vacancy on the five-seat Commission. Ms. Yang is currently a partner at a law firm in Washington, D.C., where she has practiced in the Civil Rights and Employment Practice Group since 2003. If her nomination is confirmed by the Senate, she will serve as Commissioner until July 1, 2017 and she will be the fourth…

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