By: 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
Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those changes garnered plenty of press and speculation from commentators, the courts themselves have been rather slow to
Continue Reading Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay StatutesBy: Yoon-Woo Nam, Alexandra R. Hassell, and Christopher DeGroff
Seyfarth Synopsis: The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially more potential claimants and filed a great number of merits lawsuits in 2023. It also
Continue Reading EEOC Scorecard: How Did The Commission Stack Up in FY 2023?
We are pleased to announce the publication of the latest edition of Developments in Equal Pay Litigation, available as an eBook here. This report contains our annual analysis of trends and developments in the relentlessly dynamic body of law that is the equal pay litigation and legislation landscape. It was released along with Seyfarth’s
Continue Reading Now Available: 2024 Edition of Developments In Equal Pay LitigationAuthor: Seyfarth Shaw LLP
Each year, our team at Seyfarth analyzes every EEOC case filing—as well as EEOC-related legal decisions from around the country—to compile the definitive A-Z desk reference for “everything EEOC.” As we turn the page into 2024, we are pleased to announce the publication of Seyfarth Shaw’s 2024 Edition of its EEOC-Initiated Litigation Report.
This year’s
Continue Reading Seyfarth’s 2024 EEOC-Initiated Litigation Report Explains the Driving Forces Behind the Surge in EEOC Filings