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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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03 Aug 2012 Split Among Federal Circuits Deepens Regarding Administrative Exhaustion of Post-Charge Retaliation Claims

Year after year, retaliation is at or near the top of the list of the most common charges filed with the EEOC.  After receiving a right to sue notice, many plaintiffs, however, add a retaliation claim to their federal court complaints based on alleged employer conduct occurring after the EEOC charges have been filed. Traditionally, these claims have been allowed to proceed – despite not having been raised in the EEOC charge – under the theory that such claims grow out of or are sufficiently…

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17 Jul 2012 EEOC Meeting on Strategic Enforcement Plan

In February 2012, the United States Equal Employment Opportunity Commission (EEOC) approved a Strategic Plan for Fiscal Years 2012-2016. The first performance measure of the Plan requires the EEOC to approve a Strategic Enforcement Plan, which it currently is developing. The purpose of the Plan is to leverage agency resources to focus on high impact lawsuits that will obtain relief for large numbers of individuals.  The text of the Plan can be found here.  To that end, the EEOC will hold an open meeting on…

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06 Jun 2012 Are Your Summer Interns Covered By Federal Anti-Discrimination Laws?

Several months ago the Equal Employment Opportunity Commission (EEOC) issued an informal discussion letter addressing whether interns (paid and unpaid) are covered by the anti-discrimination laws enforced by the agency (e.g. Title VII, GINA).  The Commission’s letter can be found here. With the summer months upon us, we thought it would be helpful to revisit the issue. The analysis for paid and unpaid interns will differ.  For unpaid interns, coverage likely will turn on whether the intern receives “significant remuneration” for his or her services (e.g. workers’ compensation benefits or access…

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