EEOC Turns its Attention to a Few New Systemic Enforcement Areas
Alyssa Levy Every few years, the Equal Employment Opportunity Commission (“EEOC”) announces its “strategic enforcement plan,” providing employers a roadmap of areas where they can expect increased...
View ArticleEEOC Issues Guidance Addressing Transgender Bathroom and Pronoun Policies
John T. Melcon The EEOC marked the one-year anniversary of Bostock v. Clayton County—the landmark Supreme Court decision holding that Title VII of the Civil Rights Act of 1964 prohibits workplace...
View ArticleDon’t Go Down with the Ship: Sham Review Process Sinks Navy’s Religious...
John Melcon In one of the more notorious challenges to COVID-19 vaccine mandates, a group of Navy Special Warfare servicemembers filed suit after the Navy denied their requests for religious...
View ArticleSignificant Signals Disguised as Minor Clarifications? EEOC’s Updated...
Carissa Davis and John Melcon By now, many employers have received requests for religious accommodations from COVID-19 policies—primarily vaccination policies. The Equal Employment Opportunity...
View ArticleThe EEOC Advises Employers on Back-to-Work Preparedness
By Carissa Davis The EEOC notes that to safeguard health and safety, and consistent with the ADA, employers are permitted to make some disability-related inquiries and/or conduct medical examinations...
View ArticleNinth Circuit Benchslaps EEOC’s Perplexing ADA Position Shift
By John Doran The Ninth Circuit Court of Appeals recently held that an employer may use after-acquired evidence to demonstrate that an employee is not qualified and therefore is not entitled to ADA...
View ArticleFending Off Future Bench-Slaps, the EEOC Slaps Itself
By John Alan Doran Yesterday the EEOC took the extraordinary step of limiting its own jurisdiction. Section 707 of Title VII empowers the EEOC to bring “pattern and practice” lawsuits to challenge an...
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