By Matthew J. Gagnon, and Christopher J. DeGroff
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
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
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
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
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
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
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).
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
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
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
