The Equal Employment Opportunity Commission (EEOC) is stretching Title VII jurisprudence to fight modern human trafficking. While the Commission’s goal is laudable, its legal theories are not grounded in existing law. This post addresses whether the EEOC’s novel expansion of federal employment discrimination statutes to address trafficking is necessary or desirable, especially in light … Continue Reading
In both disability and religious discrimination cases employers, especially larger ones, are often taken to task by the EEOC for arguing that an undue hardship exists that prevents them from accommodating an employee’s disability or sincerely held religious belief. While in some cases a simple accommodation (e.g., ergonomic chair) may do … Continue Reading
The EEOC has been consistent in its message about conciliation: nobody should tell us how to conciliate our cases, not even the courts.
Conciliation is a mandatory step the EEOC must take before filing a case in federal court. It is designed to allow employers an opportunity to fix potential problems before … Continue Reading
On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against the EEOC in the case of EEOC v. Peoplemark, Inc., No. 11-2582 (6th Cir. Oct. 7, 2013). This decision marks yet another significant win for employers faced with the … Continue Reading
Unannounced, FBI-like raids. Unauthorized and abusive search and seizure tactics. Illegal confiscation of files. Intimidation. And more… The EEOC has clearly turned up the heat in its investigation tactics. But at least one Judge has had enough.
As we previously blogged here, the EEOC has historically paid particular interest to cases involving gender stereotypes, with various degrees of success. As many courts have observed, harassment based on a perceived failure to conform with gender stereotypes is not necessarily harassment “because of sex” under Title VII. But in a … Continue Reading
As we have previously reported, the EEOC and Abercrombie & Fitch Stores have been entrenched in a nearly decade long battle over Abercrombie’s “Look Policy.” On September 23, 2013, the EEOC and Abercrombie entered into a comprehensive settlement of two separate religious discrimination lawsuits filed on behalf of Muslim teens … Continue Reading
While the Federal Government is shut down for now, the EEOC is trying shut down courts ability to review its conciliation efforts for good. As we previously reported here, the EEOC has aggressively pursued this theory by attacking defendants’ failure-to-conciliate affirmative defenses in two recent district court cases in the … Continue Reading
“Here we go again.” It is the collective groan heard from employers across the country as they braced for the annual EEOC’s fiscal-year-end filing campaign. With 48 EEOC-initiated lawsuits filed in just the last 30 days, employers were understandably concerned. But when the EEOC’s 2013 fiscal year … Continue Reading