EEOC Year-End Countdown

Tag Archives: GINA

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Posted in EEOC Litigation

By Matthew J. GagnonChristopher J. DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year 2017 shows a return to vigorous enforcement filings, with a substantial number of … Continue Reading

The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

Posted in EEOC Litigation

By Matthew J. Gagnon, Christopher J. DeGroff, and Gerald L. Maatman, Jr.

 With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,” with dozens of lawsuits filed in the waning … Continue Reading

The EEOC Issues New Enforcement Guidance On Retaliation

Posted in Regulatory / Guidance Issuance

By Gerald L. Maatman, Jr., Mark Casciari, and Christina M. Janice

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing.  Observing that retaliation is now the single largest category of claims presented in its charges, the EEOC’s new … Continue Reading

What Employers Should Know – Listen To The EEOC

Posted in Strategic / Policy Initiatives

By Gerald L. Maatman, Jr.

Today I had the privilege of attending the 24th Annual Employment Practices Liability Insurance Program hosted by the American Conference Institute in New York City (I moderated a session on EEOC litigation).

Constance Barker, one of the five Commissioners at the U.S. Equal Employment Opportunity Commission, gave the keynote address at the Program. Her presentation … Continue Reading

Progress, But Also Perpetuated Errors, In The EEOC’s Proposed GINA Rule Regarding Wellness Program Incentives

Posted in Regulatory / Guidance Issuance

By Paul Kehoe and Larry Lorber

Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here). This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives under the Americans With Disabilities … Continue Reading

The EEOC’s Proposed Wellness Plan Regulation: Some Progress, But Issues Persist

Posted in Regulatory / Guidance Issuance

By Paul H. Kehoe and Lawrence Lorber  

Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans With Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient Protection and Affordable Care Act … Continue Reading

EEOC Charge Filings Down And Monetary Rewards To Victims Through Investigations And Litigation Plummet

Posted in EEOC Litigation

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Paul H. Kehoe

Shortly after publishing its FY2016 budget justification (here) asking for an additional $8.6 million and authorization to hire hundreds of additional employees (over FY2014 levels), the EEOC released its FY2014 charge and litigation statistics (here and here).  Charge receipts, while still historically … Continue Reading

2014’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

Posted in EEOC Litigation

By Christopher DeGroff, Matthew Gagnon, and Gerald L. Maatman, Jr.

Every year at this time we like to offer our loyal readers a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, entitled EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015 is set for distribution in … Continue Reading

Minnesota District Court Shoots Down The EEOC’s Request For Preliminary Injunction Over Wellness Program

Posted in Remedies

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On November 6, 2014, in EEOC v. Honeywell International, Inc. Case No. 14-CV-4517, 2014 U.S. Dist. LEXIS 157945, (D. Minn. Nov. 6, 2014), Judge Ann Montgomery of the U.S. District Court for the District of Minnesota denied the Equal Employment Opportunity Commission’s (“EEOC”) request for a preliminary injunction enjoining Honeywell International … Continue Reading

A Major Milestone – The EEOC Settles Its First GINA Systemic Lawsuit

Posted in Remedies

By Reema Kapur and Lily M. Strumwasser

Just nine days into the new year the EEOC settled its first systemic lawsuit ever filed alleging genetic discrimination under the Genetic Information Nondiscrimination Act (“GINA”).  Over the past several years the EEOC has trumpeted its focus on high-impact and high-profile cases and the $370,000 settlement of EEOC v. Founders Pavilion Inc., No. … Continue Reading