By: Christopher J. DeGroff, Andrew L. Scroggins, Samantha L. Brooks, and James P. Nasiri
Seyfarth Synopsis: While we viewed the EEOC’s Fiscal Year 2024 as “sluggish,” the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges, and a Democratic majority of Commissioners, suggesting a robust year of EEOC-initiated litigation was on
Continue Reading Frozen Pipeline: Examining the EEOC’s Quietest Year in a DecadeBy: Samantha L. Brooks, Andrew Scroggins, and Chris DeGroff
Seyfarth Synopsis: The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’ testimony confirmed her allegiance to the Trump administration, and its
Continue Reading In the Hot Seat: Andrea Lucas Defends Record at Senate HearingBy: Annette Tyman, Rachel V. See, Andrew L. Scroggins, and Christopher J. DeGroff
Seyfarth Synopsis: On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate the use of disparate-impact
Continue Reading New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know NowBy: Rachel V. See and Andrew L. Scroggins
Seyfarth Synopsis: On the afternoon of Tuesday, January 28, 2025, media reports confirmed that President Trump has fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. Samuels confirmed her dismissal via her X (formerly Twitter) account. President Trump’s unprecedented move at the EEOC follows similar action yesterday and today at
Continue Reading Trump Fires EEOC Commissioners, Testing Constitutional Limits on Presidential Power Over Independent AgenciesBy: Adam Rongo, Andrew Scroggins, and Christopher DeGroff
Seyfarth Synopsis: On November 15, 2024, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2024. The AFR is intended to provide a description of the Agency’s financial management and offer high-level performance information. This year’s edition marks the sixth version of the publication, following the release
Continue Reading EEOC Posts Its Internal Scorecard: Insights For EmployersAuthors: Christopher J. DeGroff, Andrew L. Scroggins, Samantha Brooks, James P. Nasiri and Ridhima Bhalla
Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its Democratic majority and had a notably
Continue Reading EEOC Case Filings Plummet: A Look at the EEOC’s Surprisingly Sluggish FY 2024
Seyfarth Synopsis: Government agencies and private plaintiffs’ counsel alike send a clear message: employers must take pay equity seriously. One way employers can address this message is by considering periodic audits of their pay practices and/or investigations of any unexplainable pay gaps or irregularities. Employers are often concerned about how those audits and investigations could be
Continue Reading Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And InvestigationsAuthors: Christopher Kelleher and Andrew Scroggins
Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024 that the EEOC had put the construction industry squarely in its sights. The guidance is important for construction-industry leaders and employers to
Continue Reading EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers
Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who is paid more, even where other comparators are paid the same or even less. Two Appellate Courts recently passed on
Continue Reading Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”
Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of
Continue Reading Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision