By: Rachel V. See and Andrew L. Scroggins
Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by directing and advocating for EEOC’s litigators, both internally and externally. An accomplished disability-rights litigator, Gilbride
Continue Reading Senate Confirms New EEOC General Counsel As New Case Filings ClimbBy: Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins
Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its
Continue Reading Behind the EEOC Curtain: EEOC’s New Strategic Enforcement Plan Reveals Agency PrioritiesBy: Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies
Continue Reading EEOC and DOL Join Forces – What the Alliance Means for EmployersBy: Christopher DeGroff, James Nasiri, and Rachel See
Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives over the coming years, and also sets forth various performance metrics under which its activities will be measured. Particularly
Continue Reading EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes
Seyfarth Synopsis: On June 15, 2023, the EEOC issued a message from its Chair, Charlotte A. Burrows, for Pride Month that, among other things, highlighted the continuing impact of the Supreme Court’s seminal decision in Bostock v. Clayton County. Bostock held that discrimination on the bases of sexual preference or gender identity are prohibited by
Continue Reading Pride Month Message From EEOC Chair Highlights Continuing Impact of the Bostock Decision
Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”). As reported here (https://www.workplaceclassaction.com/2021/06/u-s-supreme-court-holds-that-class-members-who-suffer-no-concrete-harm-from-statutory-violations-do-not-have-article-iii-standing-and-cannot-recover/), in TransUnion, the Supreme Court reinforced prior precedent that Article III standing requires a “concrete harm” and that plaintiffs must demonstrate standing with respect to each claim
Continue Reading No Harm, No Foul? The Legacy of TransUnion Two Years LaterBy: Christopher DeGroff, Andrew Scroggins, and Christopher Kelleher
Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in the restaurant industry. According to the EEOC, these workers are particularly vulnerable to harassment and
Continue Reading EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant IndustryBy: Christopher DeGroff, Andrew Scroggins, Sarah Bauman, and James Nasiri
Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic Plan for FYs 2018-2022. A close read of the APR reveals
Continue Reading EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance ReportBy Danielle Kays, Sarah Bauman, and James Nasiri
The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers today, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”). The Court’s decision (available here) answers a years-old question regarding the timeliness of BIPA claims
Continue Reading BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims
It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of even greater change at the EEOC. Seyfarth’s EEOC-Initiated Litigation report features a look ahead – and a
Continue Reading Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOC