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 FilingsBy: Christine M. Costantino, Taylor Iaculla, and Andrew Scroggins
Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in
Continue Reading Justices Mull Fundamental Change To Proving Claims Of Discrimination During Oral Argument On Muldrow v. City of St. Louis
Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs and commentators. This was
Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job RelatedBy: 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 Later